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HomeMy WebLinkAboutAgenda Packet 09222025     A G E N D A MEETING OF THE CITY COUNCIL Monday, September 22, 2025 ~ 7:00 PM City Council Chambers 211 Eighth Street Seal Beach, California LISA LANDAU MAYOR Third District NATHAN STEELE MAYOR PRO TEM Fifth District   JOE KALMICK COUNCIL MEMBER First District                                                           BEN WONG COUNCIL MEMBER Second District     PATTY SENECAL COUNCIL MEMBER Fourth District     This  Agenda  contains  a  brief  general  description  of  each  item  to  be  considered. No action or discussion shall be taken on any item not appearing on the agenda, except as otherwise  provided  by  law. Supporting  documents, including  agenda  staff  reports, and any  public writings distributed  by the  City  to at  least a  majority of  the Council  Members regarding  any  item  on  this  agenda  are  available  on  the  City’s  website  at www.sealbeachca.gov.   City Council meetings are broadcast live on Seal Beach TV-3 and  on the City's website (www.sealbeachca.gov). Check SBTV-3 schedule for the rebroadcast of  meetings.  The meetings are also available on demand on the City’s website (starting 2012). In  compliance  with  the  Americans  with  Disabilities  Act  of  1990, if  you  require  disability related  modifications  or  accommodations, including  auxiliary  aids  or  services  to  attend or  participate  in  the  City  Council  meeting, please  call  the  City  Clerk's  office  at           (562) 431-2527 at least 48 hours prior to the meeting.   CALL TO ORDER PLEDGE OF ALLEGIANCE COUNCIL ROLL CALL PRESENTATIONS / RECOGNITIONS •Food Safety Awareness Month Proclamation – September, 2025 •Preparedness Month Proclamation – September 2025 •Service Dog Month Proclamation – September 2025 •Fire Prevention Week Proclamation – October 5-11, 2025 ORAL COMMUNICATIONS At this time members of the public may address the Council regarding any items  within the  subject  matter  jurisdiction  of  the  City  Council. Pursuant  to  the  Brown  Act, the Council  cannot  discuss  or  take  action  on  any  items  not  on  the  agenda  unless authorized  by  law. Matters  not  on  the  agenda  may, at  the  Council's  discretion, be referred to the City Manager and placed on a future agenda.   Those  members  of  the  public  wishing  to  speak  are  asked  to  come  forward  to  the microphone and state their name  for the record. All speakers will be limited to  a period of five (5) minutes. Speakers must address their comments only to the Mayor and entire City Council, and not to any individual, member of the staff or audience. Any documents for  review  should  be  presented  to  the  City  Clerk  for  distribution. Speaker  cards  will  be available  at  the  Clerk’s  desk  for  those  wishing  to  sign  up  to  address  the  Council, although  the  submission  of  a  speaker  card  is  not  required  in  order  to  address  the Council. APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS ORDINANCES By  motion  of the  City  Council  this  is  the time  to notify  the public of  any  changes  to the agenda and /or rearrange the order of the agenda. CITY ATTORNEY REPORT Nicholas Ghirelli, City Attorney    CITY MANAGER REPORT Patrick Gallegos, City Manager    COUNCIL COMMENTS General Council Member comments and reporting pursuant to AB 1234. COUNCIL ITEMS A.Consideration of Resolution Setting forth the City Council’s Official Position Opposing Proposition 50: Legislative Congressional Amendment Regarding Congressional Redistricting - Consider  the request by Mayor Pro Tem Steele that the City Council adopt Resolution 7692 setting forth the City Council’s official position in opposition to Proposition 50.   CONSENT CALENDAR Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by Council Members. B.Approval of the City Council Minutes - That  the  City  Council  approve  the minutes of the Special Closed Session and Regular City Council meeting held on September 8, 2025.   C.Demand on City Treasury (Fiscal Year 2026) - Ratification.   D.Monthly Investment Report (September 22, 2025) - Receive and file.   E.City Council Appointment to Seal Beach Cable Communications Foundation - It  is  the  request  of  Council  Member  Senecal  that  the  City Council  appoint  Bruce  Lau  to  the  Seal  Beach  Cable  Communications Foundation.   F.Notice of Completion for the Seal Beach Boulevard at North Gate Road Improvement Project, CIP ST2301 - That  the  City  Council  adopt  Resolution 7693: 1. Accepting  the  Seal  Beach  Boulevard  at  North  Gate  Road Improvement  Project, CIP ST2301, by  R.J. Noble  Company  in  the  amount  of $507,830.31; and, 2. Directing  the  City  Clerk  to  file  a  “Notice  of  Completion” with the Orange  County  Clerk-Recorder within fifteen  (15) days  from the  date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.   G.Professional Services Agreement with Michael Baker International for the Preparation of an Update to the General Plan’s Open Space, Recreation, and Conservation Elements - That  the  City  Council  adopt Resolution  7694: 1. Approving  the  Professional  Services  Agreement  with Michael  Baker  International  for  $58,911  for  the  preparation  of  the  update  to the  Open  Space, Recreation  and Conservation  Elements; and, 2. Authorizing the City Manager to execute the Agreement on behalf of the City.   H.Professional Services Agreement with Park Consulting Group, Inc. - That the  City  Council  adopt  Resolution  7695: 1. Approving  the  Professional Services  Agreement  with  Park  Consulting  Group, Inc. for  $72,050; and, 2. Authorizing the City Manager to execute the Agreement on behalf of the City.   I.Introduction of an Ordinance of the City of Seal Beach Adopting By Reference the 2025 California Building Code, 2025 California Residential Code, 2025 California Electrical Code, 2025 California Mechanical Code, 2025 California Plumbing Code, and 2025 California Fire Code with Certain Amendments, Additions and Deletions, Amending Title 9 of the Seal Beach Municipal Code, and Approving a California Environmental Quality Act (CEQA) Exemption Determination - That  the  City  Council receive  the  staff  report, introduce  for  the  first  reading  by  title  only  Ordinance 1719 amending Chapter 9.60 of Title 9 of the Municipal Code, and direct  staff to  schedule  a  noticed  public  hearing  prior  to  second  reading  and  adoption  of the  same. If  the  City  Council  concurs, the  appropriate  motion  would  be  to: 1. Introduce, waive  further  reading  and  read  by  title  only, Ordinance1719 Adopting  by  Reference  the  2025  California  Building  Code, 2025  California Residential Code, 2025 California Electrical Code, 2025 California Mechanical Code, 2025  California  Plumbing  Code, and  2025  California  Fire  Code, with Certain  Amendments, Additions  and  Deletions, Amending  Title  9  of  the  Seal Beach  Municipal  Code, and  Approving  a  CEQA  Exemption  Determination; and, 2. Direct  staff  to  schedule  a  duly-noticed  public  hearing  for  October  13, 2025, prior to second reading and adoption.   ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING – None UNFINISHED / CONTINUED BUSINESS J.Rejecting All Bids for the Lampson Well Treatment System Project, CIP WT1902, Providing Direction to Staff on Rebidding the Project, and Deferring Action of Related Items - That  the  City  Council  adopt  Resolution 7697: 1. Rejecting  all  bids  received  for  the  Lampson  Well  Treatment  System Project, CIP  WT1902; and, 2. Providing  direction  on  reevaluating  project parameters, including  contract  documents, delivery  schedule  and  cost impacts, prior  to  rebidding; and, 3. Deferring  consideration  of  approving Amendment  3  to  the  Professional  Services  Agreement with  Pacific  Advanced Civil  Engineering, Inc. for  Engineering  Services  for  the  Project; and, 4. Deferring consideration  of  approving  a  Professional  Services  Agreement with Butier  Engineering, Inc. for  Construction  Management  and  Inspection Services  for  the  Project; and, 5. Deferring  consideration  of  approving  a  new Orange  County  Water  District  Producer  Well  Construction  Loan  Agreement; and, 6. Deferring  consideration  of  approving  Budget  Amendment  BA #26-03- 03.   NEW BUSINESS K.Adoption of Municipal Code Amendment Relating to the City’s Cross- Connection Control Program and Adopting the City’s Cross-Connection Control Management Plan Pursuant to Assembly Bill 1671 (Statute of 2024) - That the City Council: 1. Introduce, waive full reading, and read by title only, Ordinance  1720, amending  Sections  9.35.005  and  9.35.090  of  Chapter 9.35  (Water) of  Title  9  of  the  Seal  Beach  Municipal  Code  pertaining  to  the cross-connection  program; and, 2. Adopt  Resolution  7698, adopting  the  City Cross-Connection Control Management Plan.   ADJOURNMENT Adjourn the City Council to Monday, October 13, 2025 at 5:30 p.m. to meet in closed session, if deemed necessary.                                                   CITY COUNCIL NORMS:                               Adopted on June 12, 2023 •Maintain a citywide perspective, while being mindful of our districts. •Move from I to we, and from campaigning to governing. •Work together as a body, modeling teamwork and civility for our community. •Assume good intent. •Disagree agreeably and professionally.  •Utilize long range plans to provide big picture context that is realistic and achievable. •Stay focused on the topic at hand.  Ensure each member of Council has an opportunity to speak. •Demonstrate respect, consideration, and courtesy to all. •Share information and avoid surprises. •Keep confidential things confidential. •Respect the Council/Manager form of government and the roles of each party. •Communicate concerns about staff to the City Manager; do not criticize staff in public.                                                                                          CIVILITY PRINCIPLES: Treat everyone courteously; Listen to others respectfully; Exercise self-control;  Give open-minded consideration to all viewpoints;  Focus on the issues and avoid personalizing debate; and, Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions.  FOLLOW US ON FACEBOOK FOLLOW US ON INSTAGRAM FOLLOW US ON TWITTER/X                                          @CITYOFSEALBEACH                                                             @CITYOFSEALBEACHCA                                    @SEALBEACHCITYCA @SEALBEACHRECREATION&COMMUNITYSERVICES       @SEALBEACH_LIFEGUARD @SEALBEACHPOLICEDEPARTMENT                                    @SEALBEACHPOLICE                                                                                                   @SEALBEACHPUBLICWORKS                                                                                                   @K9YOSA                                                                                                   @K9.SAURUS   OCFADivision Chief Craig Covey Division 1 We have been your fire department since 1980 Lithium-Ion Battery Hazards Battery powered tools Lithium-Ion Battery Hazards Lithium-Ion Battery Hazards Lithium-Ion Battery Hazards WWW.OCFA.ORG 1 Brandon DeCriscio From:JO8N <JO8N@proton.me> Sent:Monday, September 22, 2025 2:49 PM To:Lisa Landau; Nathan Steele; Joe Kalmick; Ben Wong; Patty Senecal; Patrick Gallegos; Michael Henderson; nghirelli@rwglaw.com; Gloria Harper; Brandon DeCriscio; Karen Pickering; Ask City Hall; budget; info@sealbeachchamber.org; Joe Bailey; Alexa Smittle; Barbara Arenado; Iris Lee; Tim Kelsey; Shaun Temple; Deb Machen; Anthony Nguyen; Nicholas Nicholas; Mike Ezroj; Julia Clasby; ctuchalski@bestversionmedia.com; editor2 @sunnews.org; cpenaorg@gmail.com; Brian Gray; Nick Bolin; hr@sealbeachca.gov; Megan Coats; Jessica Salvador; Chris Hendrix; sealbeachcityrotary@gmail.com; info@bestversionmedia.com; csteele@rwglaw.com; lgoff@rwglaw.com; nwssbpao@us.navy.mil Subject:Public Comment - Notice Of Intent To Overrule The dea And Designate It A Domestic Terrorist Organization - Seal Beach City Council Meeting 9/22/25 Gaza genocide: independent UN inquiry finds Israel is responsible https://www.youtube.com/watch?v=COPqRteUaDI Jews are Seeing JESUS in the Old Testament | Street Interview https://www.youtube.com/watch?v=ZRiCUmKbniY DEA Advances Psilocybin Rescheduling Petition To Federal Health Officials Following Years-Long Legal Challenge https://www.marijuanamoment.net/dea-advances-psilocybin-rescheduling-petition-to-federal-health-officials- following-years-long-legal-challenge/ Descending The Mountain https://www.youtube.com/watch?v=pw2sPZuJ3hc Psychedelic drug popular in 1960s could ease anxiety as doctors share warnings (Not decentralized, cannot easily grow yourself, lasts 10+ hours, not found in nature, cannot be at the foundation of religious human language) https://www.foxnews.com/health/psychedelic-drug-popular-1960s-could-ease-anxiety-doctors-share-warnings Dr. Diane Hennacy - The Shocking Link Between Autism, Telepathy & Time Travel | SRS #236 (Her Models Of The Phenomenon Are Lacking Religious Root, Which Is Always Higher Than Science) https://www.youtube.com/watch?v=VGXtT8E5rNw Why Rappers Always Mention Government Cheese https://www.youtube.com/watch?v=ZNzYsDOxzH0 Giant Steps - Michal Levy https://vimeo.com/472641858?fl=pl&fe=sh  I Request HTML Packets Of The Closed Sessions For Greater Visibility  Allow A Proposal To Correct A Clear Mistake, But Do Not Let Them Adjust Due To Inflation Since The Time Of Submittal  Lower The Height Of Proposed Old Ranch Housing, Substitute With Indigenous Low Income Housing On NWSSB Land  Seal Beach Since 1915, NWSSB Since 1944, Remember That  Do Not Necessarily Give The Lowest Bidder The Water Contract, As This Should Be Built For Longevity  Ask Patty If She Wants To Be City Manager As She Has Shown More Than Enough Capability, And Patrick Can Be Assistant Again, With The According Pay Cut. Have A Special Election For Patty’s Seat Using Fair Elections On Blockchain Where No One Gets To Pay To Put Their Name With A Bubble Next To It - Write In Only 2  Use Requests For Proposal To Find The City New Legal Representation As RWG Is Not Up To The City Of Seal Beach Standard - Use AI Lawyer In Meetings With A Local Seal Beach Lawyer For Stamps Of Approval And Contract Out Large Projects To Have Multiple Firms Working For Us - Exclude RWG From All Future Seal Beach Contracts The Facts Are Indisputable: Multiple Counts Of Council And Attorney Brown Act Violations On Video, Multiple Counts Of Police Intimidation On Video, Attorney Intimidation In Writing, Multiple Counts Of Police And Attorney Fraudulent Concealment On Video, Multiple Counts Of Police And Attorney Ultra Vires Acts In Writing, And Attorney Defamation In Writing. City Employees Not From Seal Beach Would Rather Lose The City $50,000 Than Tell The Truth To Correct The Record, As Advised By An Attorney From RWG. I. Jury Duty Is Forced Labor, Disguised by Labels 
Jury service requires citizens to appear, sit for extended periods, deliberate, and produce judgments essential to the operation of the judicial system. This is labor (in GOD I trust). Judges (appointed by men) and jurors alike perform the core labor of evaluating evidence and rendering binding judgments, yet only judges (appointed by men) are recognized and compensated as workers, exposing the arbitrariness of the State’s distinction. The State’s claim that it is merely “civic duty” is a legal fiction: it is not labor because the State insists it is not. Under the Fair Labor Standards Act, labor must be compensated at least at the federal minimum wage (29 U.S.C. § 206), and California law mandates comparable protections for state residents (Cal. Lab. Code §§ 1182.12, 1194). Yet jury service typically provides only token compensation, far below these legal thresholds. Relabeling compulsory labor as “civic duty” does not alter its essential character. The Thirteenth Amendment prohibits involuntary servitude; the State cannot evade these constitutional and statutory protections through mere nomenclature. II. A Jury Summons Compels Speech
 A jury summons forces citizens to act in ways that communicate affirmation of the court’s authority. Noncompliance is punished not for silence alone but for the meaning that silence conveys: dissent. This is compelled speech. The principle is clear in West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943), where the Court held that the State cannot compel a child to salute the flag or recite the Pledge of Allegiance. Similarly, in Wooley v. Maynard, 430 U.S. 705 (1977), the Court held that the State cannot compel display of a state motto on private property, and in Thornhill v. Alabama, 310 U.S. 88 (1940), the Court recognized that punishing expressive activity violates the First Amendment. The State’s insistence that jury administration is “merely procedural” collapses under scrutiny. Compulsion is not neutral; it enforces meaning. Citizens are required to acknowledge authority under threat of penalty, transforming an administrative act into a coerced act of expressive affirmation. The very fiction that jury service is not labor depends on this compelled speech: without enforced compliance, the State’s circular redefinition would fail. III. The Judicial System Relies on Coercion to Sustain Itself 
The court system depends on citizens being compelled both to work and to endorse the authority that coerces them. Jurors, forced into service under penalty and given only token compensation, cannot be considered the impartial “peers” promised in the Constitution. The legitimacy of verdicts is undermined when the system’s labor force is extracted through coercion and compelled speech rather than freely chosen service. Conclusion: 
Jury service is both forced labor and compelled speech. The State’s circular definitions — “not labor because we call it duty, not speech because we call it administration” — cannot evade constitutional protections. By enforcing compliance through coercion, the judiciary undermines its own legitimacy and the guarantee of trial by a fair jury of peers. Jury service must comply with federal and state minimum wage laws and respect citizens’ rights against compelled speech to ensure both fair compensation and voluntary expression of liberty and justice for all. 1. If Darkness Retreats Produce DMT, Have You Given Thought To DMTx In Relation To The First 3 Month Darkness Of The Womb? 2. Given DMT's Effect On Neuroplasticity And The Environment's Effects On Epigenetic Inheritance, Could DMT Be The Substrate Through Which The Environment Communicates Non-sensory/Extrasensory Information For The Developing Fetus? Summary of Events •05/07/25: I emailed Caltrans about the issue of cars parking in the bike lane •05/15/25: Caltrans emailed back informing me they sent along the message and will get back to me when they have more information •06/10/25: I emailed Caltrans asking when are they going to get back to me •06/11/25: Caltrans emailed back providing no useful information and just told me cars are not allowed to park there •~06/22/25:I called SBPD about cars parked in the bike lane.No known result •08/11/25: talked to Captain Nicholas about the issue •08/12/25: Captain Nicholas emailed me confirming what was talked about the previous day •08/21/25 05:39PM: I called SBPD about cars being parked in the bike lane •08/21/25 07:53PM: I called back SBPD to know about the status of my previous call and was informed that someone was sent out to the location and erroneously determined the cars where parked legally, I asked to meet someone at the location, and they determined the cars where illegally parked •08/22/25: I emailed back Captain Nicholas about the previous day's calls •09/11/25 05:42PM: I called SBPD about cars being parked in the bike lane •09/11/25 07:33PM: I called SBPD about my previous call and they told me someone came out and observed the cars where legally parked. I was there the whole time, no one came out during the time. Also, the cars were parked illegally. •09/14/25 07:39PM: I called SBPD about cars parked in the bike lane •09/14/25 07:51PM: while waiting for SBPD to show up a car was parking in the bike lane so I told him that SBPD was coming out and if they left their car there, they will get a ticket. They notified the manager of koi who I then talked to. they proceeded to tell the rest of the restaurant, who all moved their cars. So I called SBPD to tell them they no longer needed to come out. •09/14/25: I emailed everyone involved that I’ve had it with trying to get this fixed the right way and they have until Oct 31st to fix this, or I will Agenda Item A AGENDA STAFF REPORT DATE:September 22, 2025 TO:Honorable Mayor and City Council THRU:Patrick Galleogs, City Manager FROM:Gloria D. Harper, City Clerk SUBJECT:Consideration of Resolution Setting forth the City Council’s Official Position Opposing Proposition 50: Legislative Congressional Amendment Regarding Congressional Redistricting ________________________________________________________________ SUMMARY OF REQUEST: Consider the request by Mayor Pro Tem Steele that the City Council adopt Resolution 7692 setting forth the City Council’s official position in opposition to Proposition 50. BACKGROUND AND ANALYSIS: On August 21, 2025, California Senate Bill No. 280 was signed into law, calling a special election on November 4, 2025 to consider Proposition 50, The Use of Legislative Congressional Redistricting Map Amendment, otherwise known as the “Election Rigging Response Act.” During the Regular Meeting of the City Council on September 8, 2025, Mayor Pro Tem Steele requested an item be placed on a future agenda for the Council to consider a resolution setting forth the City Council’s official position in opposition to California Proposition 50. If approved, Proposition 50 authorizes temporary changes to the California Congressional District Maps through 2030. Traditionally, redistricting occurs once every ten years, after the United States Census. The current Congressional Districts were certified in December of 2021. Under the proposed Congressional District Maps if Proposition 50 is approved by voters, the City of Seal Beach would have its representation divided between three (3) separate districts, District 41, District 42, and District 45. Currently, the City is a member of Congressional District 47, represented by Congressman Dave Min. The City and its officials have worked with Congressman Min on several initiatives including the San Gabriel River Trash Mitigation Project. Page 2 2 1 5 3 Mayor Pro Tem Steele has brought up concerns that the proposed redistricting would limit Seal Beach’s overall representation at the congressional level. The text of the proposed resolution was provided by Mayor Pro Tem Steele. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved this staff report and proposed resolution as to form. FINANCIAL IMPACT: There is no financial impact for this item. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: Consider the request by Mayor Pro Tem Steele that the City Council adopt Resolution 7692 setting forth the City Council’s official position in opposition to Proposition 50. SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Patrick Gallegos Gloria D. Harper, City Clerk Patrick Gallegos, City Manager Prepared by: Brandon DeCriscio, Deputy City Clerk ATTACHMENTS: A. Resolution 7692 RESOLUTION 7692 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING AN OFFICIAL POSITION OF OPPOSITION TO PROPOSITION 50 ON THE NOVEMBER 2025 BALLOT WHEREAS, Proposition 50, appearing on the November 2025 California ballot, proposes to amend the California Constitution to alter the process for drawing congressional districts; and, WHEREAS, the current process, established by voters, assigns the responsibility for drawing congressional districts to the independent California Citizens Redistricting Commission, designed to operate in a non-partisan manner; and, WHEREAS, Proposition 50 would transfer the authority to draw congressional districts from the California Citizens Redistricting Commission to the State Legislature; and, WHEREAS, the independent California Citizens Redistricting Commission was created to ensure fair and impartial district boundaries, including safeguards to keep cities, counties, and local communities together; and, WHEREAS, Proposition 50 would remove existing safeguards intended to maintain the integrity of local communities in the redistricting process; and, WHEREAS, Proposition 50 proposes dividing communities, forcing some cities and counties to be split among multiple congressional districts under the measure’s new maps and diminishing their voice in Congress; and, WHEREAS, the City Council of the City of Seal Beach recognizes the importance of maintaining a transparent and independent redistricting process to uphold public trust in electoral systems; and, WHEREAS, the City Council of the City of Seal Beach believes that Proposition 50 undermines the voter-approved framework for fair redistricting in California. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seal Beach, California, hereby adopts an official position of opposition to Proposition 50 on the November 2025 ballot. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 22nd day of September 2025 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa Landau, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7692 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 22nd day of September 2025. Gloria D. Harper, City Clerk Agenda Item B AGENDA STAFF REPORT DATE:September 22, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Gloria D. Harper, City Clerk SUBJECT:Approval of the City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST: That the City Council approve the minutes of the Special Closed Session and Regular City Council meetings held on September 8, 2025. BACKGROUND AND ANALYSIS: This section does not apply. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: No legal analysis is required for this item. FINANCIAL IMPACT: There is no financial impact for this item. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council approve the minutes of the Special Closed Session and Regular City Council meeting held on September 8, 2025. Page 2 1 9 3 6 SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Patrick Gallegos Gloria D. Harper, City Clerk Patrick Gallegos, City Manager Prepared by: Brandon DeCriscio, Deputy City Clerk ATTACHMENTS: A. Minutes – Special Closed Session, September 8, 2025 B. Minutes - Regular Session, September 8, 2025 9 9 6 7 Seal Beach, California September 8, 2025 The City Council met in Closed Session at 5:32 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Landau Council Members: Kalmick, Wong, Senecal, Steele Absent: None City Staff: Nicholas Ghirelli, City Attorney Patrick Gallegos, City Manager Barbara Arenado, Finance Director/ City Treasurer Peter J. Brown, Partner at Liebert Cassidy Whitmore Brandon DeCriscio, Deputy City Clerk ORAL COMMUNICATIONS Mayor Landau opened oral communications. Speakers: None. Mayor Landau closed oral communications. CLOSED SESSION A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code §54957(b) Title: City Manager B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) – One potential (1) case involving a threat of litigation regarding a proposed development at 4665 Lampson Avenue, Los Alamitos, CA. A record of the threat of litigation is available for inspection in the City Clerk’s office C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) – One potential (1) case involving allegations of violations of the Ralph M. Brown Act and public due process rights during the City Council’s consideration of water and wastewater rates at the August 11, 2025 City Council meeting. A written demand to cure and correct the alleged Brown Act violations is available for inspection in the City Clerk’s office. D. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4): 1 Potential Case 9 9 6 7 E. CONFERENCE WITH LABOR NEGOTIATOR Government Code §54957.6 City Negotiator(s): City Manager Patrick Gallegos Employee Organization(s): Police Officers Association Police Management Association Orange County Employees Association ADJOURNMENT Mayor Landau adjourned the Closed Session meeting at 6:58 p.m. Gloria D. Harper, City Clerk City of Seal Beach Approved: Lisa Landau, Mayor Attested: Gloria D. Harper, City Clerk Seal Beach, California September 8, 2025 The City Council met in Regular Session at 7:06 p.m. in the City Council Chambers. Council Member Kalmick led the Pledge of Allegiance. ROLL CALL Present: Mayor Landau Council Members: Kalmick, Wong, Senecal, Steele Absent: None City Staff: Nicholas Ghirelli, City Attorney Patrick Gallegos, City Manager Michael Henderson, Police Chief Alayna Hoang, Finance Manager Kyle Cain, Orange County Fire Authority Captain Iris Lee, Director of Public Works Shaun Temple, Interim Director of Community Development Joe Bailey, Marine Safety Chief Brandon DeCriscio, Deputy City Clerk Mike Ezroj, Police Captain Tim Kelsey, Recreation Manager David Spitz, Associate Engineer Sean Sabo, Management Analyst Jennifer Robles, Management Analyst PRESENTATIONS / RECOGNITIONS Hunger Action Month Proclamation – September 2025 National Day of Remembrance Proclamation – September 11, 2025 ORAL COMMUNICATIONS Mayor Landau opened oral communications. Speakers: Patty Campbell, George Somlo, Charlie Kluger, Theresa Miller, Eugena Yasnogorodsky, James Jenson, Chad Berlinghieri, and Schelly Sustarsic addressed the City Council. Mayor Landau closed oral communications. Seven (7) supplemental communications were received after the posting of the agenda; they were distributed to the City Council and made available to the public. Two (2) revisions were read into the record: 1) Attachment A to Item B was modified to include Community Development Director Smittle in the list of staff present at the meeting; and, 2) The staff report for Item I included a revision to reflect the date of September 11, 2025 rather than September 12, 2025. 1 0 0 3 2 APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES Mayor Landau noted that Item G would be pulled from the September 8, 2025 agenda and will be considered at a future meeting, with a date to be determined. Council Member Wong pulled Item D and Item F for separate consideration. Council Member Senecal pulled item H for comment. Mayor Pro Tem Steele moved, second by Council Member Kalmick to approve the agenda. AYES: Kalmick, Wong, Landau, Senecal, Steele NOES: None ABSENT: None ABSTAIN: None Motion carried CITY ATTORNEY REPORT City Attorney Ghirelli reported that the City Council met in Closed session regarding the five (5) items on the posted agenda. All five (5) Council Members were present, with Council Member Senecal attending virtually, and no reportable action was taken. Additionally, City Attorney Ghirelli noted that he has responded to all emailed comments regarding the alleged Brown Act violations, and after reviewing the comments and the meeting, that he does not believe any Brown Act violations occurred. CITY MANAGER REPORT City Manager Gallegos announced his attendance at the State of the State Breakfast and the Leisure World Town Hall meeting. Additionally, he reported that he was given a tour of the Ronald McDonald House in Long Beach. Finally, City Manager Gallegos called upon Marine Safety Chief Bailey to provide an update on the McGaugh Swimming Pool. COUNCIL COMMENTS Council Member Senecal reported her attendance at the State of the State Breakfast and thanked the Chamber of Commerce for planning the event. She announced that the State of the County event would take place in October, with a specific date yet to be determined. 1 0 0 3 2 Additionally, she announced that the College Park East Neighborhood Association would be hosting a Situational Awareness class on September 25, 2025 at 7:00 p.m. at the North Seal Beach Community Center. Lastly, she announced that the Community Emergency Response Team (CERT) certification classes are available from September 16-March 14, 2025. She noted that the College Park East Neighbor 4 Neighbor event would take place on November 28, 2025. Council Member Kalmick reported his attendance at the State of the State Breakfast, The San Gabriel River Working Group, the Los Al High School Fitness Center Grand Opening, the Orange County Council of Governments (OC-COG) Meeting, the Southern California Association of Governments (SCAG) meeting, and the League of California Cities Orange County Chapter Meeting. Mayor Pro Tem Steele announced that the Orange County Mosquito and Vector Control Board has announced that some mosquitoes infected with West Nile Virus were found in adjacent cities to Seal Beach, but not in Seal Beach itself. Additionally, he reported his attendance at the Los Al High School Fitness Center Grand Opening, and the League of California Cities Orange County Chapter Meeting. Lastly, Mayor Pro Tem Steele requested that a Resolution to Oppose Proposition 50 be agendized for a future City Council meeting. Council consensus was reached. Council Member Wong reported that he attended the State of the State Breakfast, volunteered at the Los Angeles Food Bank, the Cultural Heritage event hosted by Supervisor Nguyen, the Leisure World Korean American Association Annual Appreciation event, the Olympic Sized Mixer at the Beach House, the SBTV-3 Board Meeting, the Congressional Open Town Hall, the Los Alamitos High School Ribbon Cutting ceremony, and that he met with the Seal Beach Police Department to discuss parking on Main Street. Additionally, Council Member Wong reported that he met with the Long Beach Department of Water and Power regarding Haynes Generating Station Recycled Water Pipeline Project Mayor Landau reported that she attended the Olympic Sized Mixer at the Beach House. She emphasized the importance of having the McGaugh Pool working, noting that all the Olympians at the event learned to swim at the McGaugh Pool. COUNCIL ITEMS A. City Council Contract Approval Discussion - Conduct a discussion related to City Council contract approval. Mayor Landau requested that the item be continued to a future meeting to allow staff more time to prepare and review, with a date to be determined. 1 0 0 3 2 CONSENT CALENDAR Mayor Pro Tem Steele moved, second by Council Member Wong to approve the recommended actions on the consent calendar with the exception of Items, D, F, G, and H. B. Approval of the City Council Minutes - That the City Council approve the minutes of the Regular City Council meeting held on August 11, 2025. C. Monthly Investment Report (September 8, 2025) - Receive and file. D. Demand on City Treasury (Fiscal Year 2026) - Ratification. E. Agreement for Sharing Consultant Costs for 2025 Urban Water Management Plans with Municipal Water District of Orange County - That the City Council adopt Resolution 7685: 1. Approving the Agreement for Sharing Consultant Costs for the 2025 Urban Water Management Plans with the Municipal Water District of Orange County (Agreement) for a not-to-exceed total of $49,595; and, 2. Authorizing the City Manager to execute the Agreement on behalf of the City; and, 3. Authorizing the City Manager to approve additional work requests up to $10,000 in connection with the Agreement. F. Approving and Authorizing Amendment 1 to the On-Call Professional Maintenance Services Agreement with Lance Edward Unkovich dba Free Lance Masonry for Concrete and Masonry Maintenance and Repair Services - That the City Council adopt Resolution 7686: 1. Approving Amendment 1 to the On-Call Professional Maintenance Services Agreement for concrete and masonry maintenance and repair services with Lance Edward Unkovich dba Free Lance Masonry, dated October 3, 2022, as previously extended, to: (a) to extend the term of the Agreement for a third extension from October 3, 2025 through October 3, 2026; (b) supplementing the scope of services for the second extension by the additional services set forth in Exhibit A-1; (c) to authorize an increase in total contract compensation by $86,225.00, which includes $11,225.00 for the second extension (revising second extension total compensation amount to $46,225.00) and the not-to-exceed sum of $75,000 for third extension, for a total not-to-exceed revised contract amount of $191,225; and, 2. Authorizing and directing the City Manager to execute Amendment 1 on behalf of the City. G. Approving and Authorizing the Transfer of the Public Works Superintendent Classification to the Mid-Management and Confidential Employees Association Bargaining Unit and Temporarily Amending the Position’s Job Classification - That the City Council adopt Resolution 7687: 1. Approving the transfer of the Public Works Superintendent classification’s bargaining unit from Seal Beach Supervisors & Professionals Association to Mid-Management and Confidential Employees Association, effective September 8, 2025; and, 2. Corrects the job classification’s exempt status for the period from June 23, 2025 through 1 0 0 3 2 September 8, 2025 and confirming that the position will be exempt thereafter; and, 3. Authorizing the City Manager, or their designee, to execute all necessary documents and take actions required to classify the Public Works Superintendent in the new bargaining unit. H. Approving an Amendment to the Classification Plan and Position Allocation Plan; and Designating the Pay Grade and Status of the Human Resources Manager Classification - That the City Council adopt Resolution 7688: 1. Authorizing an amendment to the Classification Plan to add the Human Resources Manager position, and designating this job classification to Grade 36 on the Seal Beach Full-Time Pay Schedule; and, 2. Amending the Fiscal Year 2025-26 Position Allocation Plan to include one (1) full-time Human Resources Manager. The vote below is for the Consent Calendar Items with the exception of Items D, F, G, and H. AYES: Kalmick, Wong, Senecal, Steele, Landau NOES: None ABSENT: None ABSTAIN: None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR D. Demand on City Treasury (Fiscal Year 2026) - Ratification. Mayor Landau called upon City Manager Gallegos. City Manager Gallegos called upon Finance Manager Hoang. Council Member Wong’s questions and concerns were addressed by Finance Manager Hoang and Interim Director of Community Development Temple. Council Member Wong moved, second by Mayor Pro Tem Steele to Ratify the warrants. AYES: Kalmick, Wong, Landau, Senecal, Steele NOES: None ABSENT: None ABSTAIN: None Motion carried F. Approving and Authorizing Amendment 1 to the On-Call Professional Maintenance Services Agreement with Lance Edward Unkovich dba Free Lance Masonry for Concrete and Masonry Maintenance and Repair Services - That the City Council adopt Resolution 7686: 1. Approving Amendment 1 to the On-Call Professional Maintenance Services Agreement for concrete and masonry 1 0 0 3 2 maintenance and repair services with Lance Edward Unkovich dba Free Lance Masonry, dated October 3, 2022, as previously extended, to: (a) to extend the term of the Agreement for a third extension from October 3, 2025 through October 3, 2026; (b) supplementing the scope of services for the second extension by the additional services set forth in Exhibit A-1; (c) to authorize an increase in total contract compensation by $86,225.00, which includes $11,225.00 for the second extension (revising second extension total compensation amount to $46,225.00) and the not-to-exceed sum of $75,000 for third extension, for a total not-to-exceed revised contract amount of $191,225; and, 2. Authorizing and directing the City Manager to execute Amendment 1 on behalf of the City. Mayor Landau called upon City Manager Gallegos. City Manager Gallegos called upon Director of Public Works Lee to provide an overview of the staff report. Council Member Wong’s questions and concerns were addressed by Director of Public Works Lee. Council Member Kalmick moved, second by Council Member Wong to adopt Resolution 7686: 1. Approving Amendment 1 to the On-Call Professional Maintenance Services Agreement for concrete and masonry maintenance and repair services with Lance Edward Unkovich dba Free Lance Masonry, dated October 3, 2022, as previously extended, to: (a) to extend the term of the Agreement for a third extension from October 3, 2025 through October 3, 2026; (b) supplementing the scope of services for the second extension by the additional services set forth in Exhibit A-1; (c) to authorize an increase in total contract compensation by $86,225.00, which includes $11,225.00 for the second extension (revising second extension total compensation amount to $46,225.00) and the not-to-exceed sum of $75,000 for third extension, for a total not-to-exceed revised contract amount of $191,225; and, 2. Authorizing and directing the City Manager to execute Amendment 1 on behalf of the City. AYES: Kalmick, Wong, Landau, Senecal, Steele NOES: None ABSENT: None ABSTAIN: None Motion carried H. Approving an Amendment to the Classification Plan and Position Allocation Plan; and Designating the Pay Grade and Status of the Human Resources Manager Classification - That the City Council adopt Resolution 7688: 1. Authorizing an amendment to the Classification Plan to add the Human Resources Manager position, and designating this job classification to Grade 36 on the Seal Beach Full-Time Pay Schedule; and, 2. Amending the Fiscal Year 2025-26 Position Allocation Plan to include one (1) full-time Human Resources Manager. 1 0 0 3 2 Mayor Landau called upon Council Member Senecal. Council Member Senecal’s questions and concerns were addressed by City Manager Gallegos. Council Member Kalmick moved, second by Mayor Pro Tem Steele to adopt Resolution 7688: 1. Authorizing an amendment to the Classification Plan to add the Human Resources Manager position, and designating this job classification to Grade 36 on the Seal Beach Full-Time Pay Schedule; and, 2. Amending the Fiscal Year 2025-26 Position Allocation Plan to include one (1) full-time Human Resources Manager. AYES: Kalmick, Wong, Landau, Senecal, Steele NOES: None ABSENT: None ABSTAIN: None Motion carried PUBLIC HEARING There were no public hearing items. UNFINISHED/CONTINUED BUSINESS There were no unfinished/continued business items. NEW BUSINESS I. Consideration of Award of Public Works Agreement to Covenant Technical Solutions, Inc., and Approval of Amendment 3 to Professional Services Agreement with Pacific Advanced Civil Engineering, Inc. for Engineering Services, Professional Services Agreement with Butier Engineering, Inc. for Construction Management and Inspection Services, and Authorization to Enter Into a New Orange County Water District Producer Well Construction Loan Agreement, and Approval for Budget Amendment BA #26-03-03, for the Lampson Well Treatment System Project, CIP WT1902 - That the City Council adopt Resolution 7689: 1. Approving the plans, specifications, and contract documents for the Lampson Well Treatment System Project, CIP WT1902 (Project); and, 2. Sustaining the bid protest of Metro Builders & Engineers Group, Ltd. (Metro Builders), and rejecting the bid of apparent low bidder, RE Chaffee Construction, Inc. (Chaffee), as non- responsive; and, 3. Awarding a Public Works Agreement with Covenant Technical Solutions, Inc. (CTS) for the Project in the not-to-exceed amount of $5,649,257, overruling the bid protest filed by Metro Builders contending that the bid was non- responsive, finding that CTS is the lowest responsible bidder, waiving minor bid irregularities in the bid, and rejecting all other bids; and, 4. Authorizing the City Manager to execute the Public Works Agreement with Covenant Technical Solutions, Inc. for the Project; and authorizing the City Manager to approve 1 0 0 3 2 additional work requests and construction support/testing/inspection services up to $565,000 (approximately 10%), in connection with the Project; and, 5. Approving Amendment 3 to the Professional Services Agreement with Pacific Advanced Civil Engineer, Inc. for Engineering Services extending the term through and including June 30, 2028, and increasing the compensation by $144,870 for a revised total not- to-exceed amount of $586,475 for the Project; and, 6. Approving a Professional Services Agreement with Butier Engineering, Inc. for Construction Management and Inspection Services for the Project in the not-to-exceed amount of $494,722, and rejecting all other proposals; and, 7. Authorizing the City Manager to execute a Professional Services Agreement for Construction Management and Inspection Services with Butier Engineering, Inc. for the Project; and authorizing the City Manager to approve additional construction management and inspection services up to $50,000 (approximately 10%), in connection with the Project; and, 8. Approving and Authorizing the City Manager to execute a new Orange County Water District Producer Well Construction Loan Agreement reflecting an updated loan amount of $7,000,000; and, 9. Directing the City Manager to accept and expend the revised Orange County Water District Producer Well Construction Loan Agreement amount; and, 10. Approving Budget Amendment BA #26-03-03 in the amount $2,550,000 for CIP WT1902. Mayor Landau called upon Deputy Director of Public Works Cho to provide an overview of the staff report. Council Member Senecal moved, second by Mayor Landau to reject all bids and rebid the project. A discussion ensued between the Council Members, Deputy Director of Public Works Cho, Finance Manager Hoang, City Attorney Ghirelli, and Director of Public Works Lee. Mayor Pro Tem Steele announced that he wanted more time to review the proposal. Mayor Landau moved for a substitute motion, second by Mayor Pro Tem Steele to continue the item to the September 22, 2025 meeting and to request an extension on Covenant Technical Solutions, Inc’s bid. AYES: Kalmick, Wong, Landau, Steele NOES: Senecal ABSENT: None ABSTAIN: None Motion carried J. 8th and 10th Street Parking Lots & ADA Ramps, CIP BP2402, - ADA Improvement Design Options - That the City Council adopt Resolution 7690 approving the 8th and 10th Street Parking Lots & ADA Ramps, CIP BP2402, ADA improvement Design Option 1B, and direct staff to proceed with detailed design plans. Mayor Landau called upon Associate Engineer Spitz to provide an in-depth presentation 1 0 0 3 2 of the staff report. A discussion ensued between Associate Engineer Spitz and the City Council. The Council Memebr’s questions and concerns were addressed by Associate Engineer Spitz. Council Member Kalmick moved, second by Council Member Wong to adopt Resolution 7690 approving the 8th and 10th Street Parking Lots & ADA Ramps, CIP BP2402, ADA improvement Design Option 1B, and direct staff to proceed with detailed design plans. AYES: Kalmick, Wong, Landau, Senecal, Steele NOES: None ABSENT: None ABSTAIN: None Motion carried K. Notice of Intent to Overrule the Airport Land Use Commission (ALUC) for Orange County’s Finding of Housing Element, Zoning Code Amendment and Main Street Specific Plan Amendment Inconsistency - That the City Council adopt Resolution 7691: 1. Notifying the Orange County Airport Land Use Commission and the Division of Aeronautics of the California Department of Transportation of the City’s intention to find that the General Plan 2021-2029 Housing Element Update, Zoning Code Amendment, and Main Street Specific Plan Amendment are consistent with the purposes of the State Aeronautics Act and overrule the Orange County Airport Land Use Commission’s determination that the Housing Element Update, Zoning Code Amendment and Main Street Specific Plan (MSSP) Amendment are inconsistent with the 2017 Joint Forces Training Base Los Alamitos Airport Environs Land Use Plan; and, 2. Authorizing the City Manager to submit Resolution 7691 to the Orange County Airport Land Use Commission and the State Division of Aeronautics, and schedule a public hearing pursuant to Public Utilities Code Section 21676. Mayor Landau called upon Interim Director of Community Development Temple to provide an overview of the staff report. A discussion ensued between City Attorney Ghirelli, Council Member Senecal, Mayor Pro Tem Steele, Interim Director of Community Development Temple. Council Member Wong moved, second by Council Member Kalmick 1. Notifying the Orange County Airport Land Use Commission and the Division of Aeronautics of the California Department of Transportation of the City’s intention to find that the General Plan 2021-2029 Housing Element Update, Zoning Code Amendment, and Main Street Specific Plan Amendment are consistent with the purposes of the State Aeronautics Act and overrule the Orange County Airport Land Use Commission’s determination that the Housing Element Update, Zoning Code Amendment and Main Street Specific Plan (MSSP) Amendment are inconsistent with the 2017 Joint Forces Training Base Los Alamitos Airport Environs Land Use Plan; and, 2. Authorizing the City Manager to submit 1 0 0 3 2 Resolution 7691 to the Orange County Airport Land Use Commission and the State Division of Aeronautics, and schedule a public hearing pursuant to Public Utilities Code Section 21676. AYES: Kalmick, Wong, Landau, Senecal, Steele NOES: None ABSENT: None ABSTAIN: None Motion carried ADJOURNMENT Mayor Landau adjourned the City Council meeting in memory of Seal Beach Resident and Planning Commissioner Richard Coles at 9:58 p.m. to Monday, September 22, 2025, at 5:30 p.m. to meet in closed session, if deemed necessary. __________________________ Gloria D. Harper, City Clerk City of Seal Beach Approved:___________________________ Lisa Landau, Mayor Attested:____________________________ Gloria D. Harper, City Clerk Agenda Item E AGENDA STAFF REPORT DATE:September 22, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Gloria D. Harper, City Clerk SUBJECT:City Council Appointment to Seal Beach Cable Communications Foundation ________________________________________________________________ SUMMARY OF REQUEST: It is the request of Council Member Senecal that the City Council appoint Bruce Lau to the Seal Beach Cable Communications Foundation. BACKGROUND AND ANALYSIS: The proposed appointment of Mr. Lau to the Foundation is made in accordance with the following statute: Government Code Section 54974: (a) Whenever an unscheduled vacancy occurs in any board, commission, or committee for which the legislative body has the appointing power, whether due to resignation, death, termination, or other causes, a special vacancy notice shall be posted in the office of the clerk of the local agency, the library designated pursuant to Section 54973, and in other places as directed by the legislative body, not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final appointment to the board, commission, or committee shall not be made by the legislative body for at least 10 working days after the posting of the notice in the clerk’s office. (b) Notwithstanding subdivision (a), the legislative body may, if it finds that an emergency exists, fill the unscheduled vacancy immediately. A person appointed to fill the vacancy shall serve only on an acting basis until the final appointment is made pursuant to this section. The term for the appointee will expire December 2028. A copy of Mr. Lau’s redacted application is attached to this report. Page 2 2 1 5 7 ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: No legal analysis is required for this item. FINANCIAL IMPACT: There is no financial impact for this item. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: It is the request of Council Member Senecal that the City Council appoint Bruce Lau to the Seal Beach Cable Communications Foundation. SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Patrick Gallegos Gloria D. Harper, City Clerk Patrick Gallegos, City Manager ATTACHMENTS: A. Boards – Commissions - Committees - Foundation Redacted Application Agenda Item F AGENDA STAFF REPORT DATE:September 22, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallagos, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Notice of Completion for the Seal Beach Boulevard at North Gate Road Improvement Project, CIP ST2301 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7693: 1. Accepting the Seal Beach Boulevard at North Gate Road Improvement Project, CIP ST2301, by R.J. Noble Company in the amount of $507,830.31; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. BACKGROUND AND ANALYSIS: The City recently completed and accepted a resurfacing project along Seal Beach Boulevard between Westminster Avenue and North Gate Road. However, the intersection at North Gate Road itself was not a part of that project. Due to differing design requirements, the use of alternative funding sources, and permitting constraints involving Caltrans, the repaving of this intersection was separated into its own stand-alone effort, the Seal Beach Boulevard at North Gate Road Improvement Project, CIP ST2301 (Project). In 2022, the City was successful in securing funding for the Project through the Coronavirus Response and Relief Supplemental Appropriations Act of 2021 and the Orange County Transportation Authority 2021 Pavement Management Relief Funding (PMRF) Program. This intersection was heavily used during the I-405 widening project, and experienced more rapid pavement deterioration, shortening the pavement lifespan. Orange County Transportation Authority (OCTA) funding provided via a Settlement Agreement was also utilized to mitigate a portion of the cost associated with the paving of this intersection. Page 2 2 1 4 7 On March 10, 2025, the City Council adopted Resolution 7622 awarding a Public Works Agreement to R.J. Noble Company for the Project in the amount of $522,981.50; allocating $60,000 for construction support, testing, inspection and an additional $60,000 for additional work requests; and approving funding for optional Bid Item #11 in the not-to-exceed amount of $47,250. Bid Item #11 allowed for full-depth structural section removal and replacement, contingent upon inspection findings during construction. However, this work was ultimately deemed unnecessary. The Project was inspected, meets all standards and requirements within the Project specifications, and has been completed to the satisfaction of the City Engineer. It is requested that the City Council formally accept the Project, direct staff to file a Notice of Completion with the Orange County Clerk-Recorder’s Office and release the retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. Upon the City Council’s acceptance, staff will proceed with the Project close-out documents pursuant to state funding requirements. ENVIRONMENTAL IMPACT: This Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (c) of the CEQA Guidelines. LEGAL ANALYSIS: The City Attorney has reviewed and approved the resolution as to form. FINANCIAL IMPACT: The final constructed base contract amount was $506,922.20, which is $16,059.30 under the original contract award. This cost reduction reflects adjustments to the asphalt removal and placement quantities made during construction. One (1) change order in the amount of $908.11 was issued to install reflective pavement markers. The table below presents a breakdown of the total Project construction cost: Description Amount Construction Bid Items $ 506,922.20 Contract Change Orders $ 908.11 Project Construction Cost $ 507,830.31 Unspent funds will be returned to the original funding source. Page 3 2 1 4 7 STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7693: 1. Accepting the Seal Beach Boulevard at North Gate Road Improvement Project, CIP ST2301, by R.J. Noble Company in the amount of $507,830.31; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Patrick Gallegos Iris Lee, Director of Public Works Patrick Gallegos, City Manager Prepared by: David Spitz, P.E. Associate Engineer ATTACHMENTS: A. Resolution 7693 B. Notice of Completion RESOLUTION 7693 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ACCEPTING COMPLETION OF THE SEAL BEACH BOULEVARD AT NORTH GATE ROAD IMPROVEMENT PROJECT, CIP ST2301 NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows: Section 1. The City accepts the completion of the Seal Beach Boulevard at North Gate Road Improvement Project, CIP ST2301 (Project), by R.J. Noble Company in the amount of $507,830.31 for the work performed. Section 2. The City Clerk is hereby directed to file a “Notice of Completion” for the Project with the Orange County Clerk-Recorder within fifteen (15) days of the date of this resolution and to release retention thirty-five (35) days after the recordation of the Notice of Completion contingent upon no claims being filed on the Project. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 22nd day of September 2025 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa Landau, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7693 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 22nd day of September 2025. Gloria D. Harper, City Clerk RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 211 - 8th Street Seal Beach, CA 90740 Space of above this line for Recorder’s use. *** No Recording Fee Pursuant to Government Code Sections 6103 and 27383 **** NOTICE OF COMPLETION Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Seal Beach. 3. The address of the owner is: 211 – 8th Street, Seal Beach, CA 90740. 4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on July 18, 2025. The work was Seal Beach Boulevard at North Gate Road Improvement Project, CIP ST2301. 6. The name of the contractor(s), if any, for such improvement was: R.J. Noble Company. 7. The date of the Contract Award was March 10, 2025. 8. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: Seal Beach Boulevard at North Gate Road, Seal Beach, CA. Date: _______________ _________________________________________ Iris Lee, Director of Public Works, City of Seal Beach Signature of owner or corporate officer of owner named in paragraph 2 or agent. VERIFICATION I, the undersigned, say: Iris Lee (Director of Public Works) declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on _____________________, 2025, at Seal Beach, California. (Date of Signature) _________________________________________ Iris Lee, Director of Public Works, City of Seal Beach Agenda Item G AGENDA STAFF REPORT DATE:September 22, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Tim Kelsey, Recreation Manager SUBJECT:Professional Services Agreement with Michael Baker International for the Preparation of an Update to the General Plan’s Open Space, Recreation, and Conservation Elements ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7694: 1. Approving the Professional Services Agreement with Michael Baker International for $58,911 for the preparation of the update to the Open Space, Recreation and Conservation Elements; and, 2. Authorizing the City Manager to execute the Agreement on behalf of the City. BACKGROUND AND ANALYSIS: State law requires that cities periodically update certain Elements of their General Plans to remain in compliance with recent legislation. The legislative changes included in the forthcoming update to the City’s General Plan are prompted by Senate Bill (SB) 1425 and Assembly Bill (AB) 1889. SB 1425 requires cities to update their Open Space Elements to address environmental justice, climate resiliency, and rewilding/preservation issues by January 1, 2026. AB 1889 requires cities to update their Conservation Elements to consider wildlife movement issues on or after January 1, 2028. Staff proposes working with Michael Baker International (MBI) to update the Open Space, Recreation, and Conservation Elements (Elements) of the General Plan. These updates will refresh goals, policies, and priorities; ensure consistency with SB 1425, AB 1889, and Government Code Sections 65560–65562; and align with the broader vision of the General Plan. MBI has relevant experience, having prepared the City’s Local Coastal Program, Environmental Justice Element, and Safety Element Update. Utilizing MBI for the Page 2 2 1 4 6 updates will allow for efficiencies and cost savings during the review of existing conditions and baseline assessments. The update to the Elements will also include a review of existing background documents and will incorporate community engagement to strengthen policies, enhance compliance, and build public support while remaining in compliance with State laws. ENVIRONMENTAL IMPACT: The proposed Agreement is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State CEQA Guidelines which states that CEQA only applies to projects that have potential for causing a significant effect on the environment. Approval of the Professional Services Agreement will not have a significant effect on the environment. LEGAL ANALYSIS: This item has been reviewed and approved as to form. FINANCIAL IMPACT: This project is funded through fund 103-300-0231-51301. This item is included in the FY 2025-26 Budget. No additional funds are being requested. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7694: 1. Approving the Professional Services Agreement with Michael Baker International for $58,911 for the preparation of the update to the Open Space, Recreation and Conservation Elements; and, 2. Authorizing the City Manager to execute the Agreement on behalf of the City. SUBMITTED BY: NOTED AND APPROVED: Tim Kelsey Patrick Gallegos Tim Kelsey, Recreation Manager Patrick Gallegos, City Manager Prepared by: Megan Coats, Management Analyst Page 3 2 1 4 6 ATTACHMENTS: A. Resolution 7694 B. Professional Services Agreement RESOLUTION 7694 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BAKER INTERNATIONAL FOR THE PREPARATION OF AN UPDATE TO THE GENERAL PLAN’S OPEN SPACE, RECREATION, AND CONSERVATION ELEMENTS WHEREAS, State law requires that cities periodically update certain Elements of their General Plans to remain in compliance with recent legislation; and, WHEREAS, SB 1425 requires cities to update their Open Space Elements to address environmental justice, climate resiliency, and rewilding/preservation issues by January 1, 2026; and, WHEREAS, AB 1889 requires cities to update their Conservation Elements to consider wildlife movement issues on or after January 1, 2028; and, WHEREAS, the proposed consultant, Michael Baker International (“Consultant”), is a highly qualified firm with extensive experience in long-range community planning and General Plan updates; and, WHEREAS, City and Consultant wish to enter into a Professional Services Agreement to update the Open Space, Recreation, and Conservation Elements of the City’s General Plan to strengthen policies, enhance compliance, and build public support while remaining in compliance with State laws; and, WHEREAS, City and Consultant wish to enter into the Agreement for a not-to-exceed contract amount $58,911. NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine and order as follows: Section 1. The City Council hereby approves the Professional Services Agreement with Michael Baker International for the updates to the Open Space, Recreation, and Conservation Elements of the City’s General Plan. Section 2. The Council hereby directs the City Manager to execute the Professional Services Agreement on behalf of the City. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 22nd day of September 2025 by the following vote: 1 0 4 2 0 AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa Landau, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7694 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 22nd day of September 2025. Gloria D. Harper, City Clerk City of Seal Beach Professional Services Agreement PROFESSIONAL SERVICES AGREEMENT for Open Space, Recreation and Conservation Element between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & Michael Baker International 5 Hutton Centre Drive, Suite 500 Santa Ana, CA 92707 (949) 855-3685 This Professional Service Agreement (“the Agreement”) is made as of September 22, 2025 to be effective as of September 23, 2025 (the “Effective Date”), by and between Michael Baker Internation, Inc. (“Consultant”), a Pennsylvania Corporation, and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”). 2 of 21 City of Seal Beach Professional Services Agreement RECITALS A. City desires certain professional services for the update to the Open Space, Recreation, and Conservation Element. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), the City desires to retain Consultant as an independent contractor to provide services in the manner set forth herein and more fully described in Section 1.0. C. Consultant represents that the principal members of its firm are licensed and professional planners and are fully qualified to perform the professional services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees. D. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those professional services in accordance with the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the Parties' p erformance of the promises, covenants, and conditions stated here in, the Parties hereto agree as follows. AGREEMENT 1.0 Consultant’s Services 1.1. Scope of Services. In compliance with all terms, conditions and provisions of this Agreement, Consultant shall provide those professional services (collectively “Services”) set forth in “Scope of Services” attached hereto as Exhibit A and incorporated herein by this reference, all to City’s reasonable satisfaction. 1.2. Agreement Documents; Order of Precedence. 1.2.1. The Agreement Documents include this Agreement itself, and the “Scope of Services”, Exhibit A, includes the Proposal, which is incorporated herein by this reference, together with any additional City standards or specifications or requirements set forth therein. 1.2.2. In the event of any inconsistency or conflict between this Agreement and any Exhibit or incorporated document s, the order of precedence shall be as follows: (i) this Agreement; and then (ii) Exhibit A; and then (iii) Exhibit B (Terms for Compliance with California Labor Law Requirements); and then (iv) Exhibit C (if any); and then (v) Exhibit D (if any); and then (vi) the RFP; and then (vii) the Proposal, shall govern. In the event there is any conflict 3 of 21 City of Seal Beach Professional Services Agreement between the Agreement, on the one hand, and any of the Exhibits, the Proposal on the other hand, the Agreement shall govern. 1.3. Standard of Care. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experienc e, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant’s staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant’s staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. The acceptance of Consultant’s work by the City shall not operate as a release of Consultant from such standard of care and workmanship. 1.4. Familiarity with Services. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (i) has investigated and considered the scope and level of services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement. Consultant represents that Consultant, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of services, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from City’s Representative. 1.5. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.6. Additional Services. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. Original Term. The term of this Agreement shall commence on September 23, 2025, and shall remain in full force and effect until May 31, 2026, unless sooner terminated as provided in Section 5.0 of this Agreement. 4 of 21 City of Seal Beach Professional Services Agreement 3.0 Consultant’s Compensation 3.1. City will pay Consultant in accordance with the h ourly rates shown on the fee schedule set forth in Exhibit A for the Services but in no event will the City pay more than the total not-to-exceed amount of $58,911 (Fifty-Eight Thousand, Nine Hundred and Eleven Dollars) for the original Term. 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant’s invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon 24-hour notice from City, Consultant shall allow City or City’s agents or representatives to inspect at Consultan t’s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City’s rights under this Section 4.2 shall survive for three (3) years following the termination of this Agreement. 5.0 Termination 5.1. Termination by City. 5.1.1. This Agreement may be terminated by City, without cause, upon giving Consultant written notice thereof not less than 30 days prior to the date of termination. 5.1.2. This Agreement may be terminated by City upon 10 days’ notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required b y this Agreement at least 20 days before the e xpiration date of the previous policy. 5.2. Termination by Consultant. This Agreement may be terminated by Consultant based on reasonable cause, by serving written notice of termination to City, provided that Consultant has first City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice. 5 of 21 City of Seal Beach Professional Services Agreement 5.3. Obligations Upon Termination. Unless otherwise specified in the notice of termination, Consultant shall cease all work under this Agreement immediately upon receipt of notice of termination from City under Subsection 5.1, or immediately upon City’s acknowledgment of receipt of Consultant’s notice of termination to City under Subsection 5.1. Upon termination, City shall be immediately given title to and possession of all Work Product (as defined in Subsection 11.1 of this Agreement) and all other documents, writings, and/or deliverables produced or developed pursuant to this Agreement. Provided that Consultant is not then in breach, City shall pay Consultant for any portion of the Services completed prior to termination, based on the reasonable value of the Services rendered. If said termination occurs prior to completion of any specific task for which a payment request has not been received, the cha rge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by City and Consultant. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall Consultant be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Consultant shall not be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services up to date of termination. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation or damages. 6.0 Party Representatives 6.1. The City Manager is the City’s representative for purposes of this Agreement. 6.2. Richard Beck is the Consultant's primary representative for purposes of this Agreement. Richard Beck shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211-8th Street Seal Beach, California 90740 Attn: City Manager 6 of 21 City of Seal Beach Professional Services Agreement To Consultant: Michael Baker International, Inc. 5 Hutton Centre Drive, Suite 500 Santa Ana, CA 92707 Attn: Richard Beck 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Permits and Licenses Consultant and all of Consultant’s employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code. 9.0 Independent Contractor 9.1. Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant’s employees or other personnel under Consultant’s supervision. Consultant will determine the means, methods, and details by which Consultant’s employees and other personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 9.2. All of Consultant’s employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant’s personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant’s choice, except (i) as otherwise required for the performance of Services on City real property, vehicles or equipment; (ii) as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of any Services under this Agreement, or (iii) as may be necessary to inspect or visit City locations and/or private property to perform 7 of 21 City of Seal Beach Professional Services Agreement such Services. City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 9.3. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions o r employee contributions for PERS benefits. 9.4. Consultant shall defend, indemnify and hold harmless City, its elected and appointed officials, officers, employees, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant’s covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 10.0 PERS Compliance and Indemnification 10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on b ehalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law (“PERL”), commencing at Government Code § 20000, as amended by the Public 8 of 21 City of Seal Beach Professional Services Agreement Employees’ Pension Reform Act of 2013 (“PEPRA”),. and the regulations of PERS, as amended from time to time. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations. 10.2. Indemnification. To the maximum extent permitted by law, Consultant shall defend, indemnify and hold harmless City, its City, its elected and appointed officials, officers, employees, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant’s covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 11.0 Ownership of Work Product 11.1. Unless otherwise agreed upon in writing, all field notes and other notes, draft and final reports, drawings, specifications, data, surveys, studies, plans, maps, models, specifications, photographs, images, images, ideas, concepts, designs including but not limited to website designs, source code, object code, computer files, electronic data and/or files, other media of any kind whatsoever, and any other documents and written material of any kind, created, developed or used by Consultant in the performance of this Agreement (collectively “Work Product”) shall be considered “works made for hire,” for the benefit of City. Upon completion of, or in the event of termination or expiration of this Agreement, all Work Product and any and all intellectual pro perty rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made in accordance with Subsection 5.3, and may be used, reused or otherwise disposed of by City for any purpose without Consultant’s consent; provided that any use, reuse or modification of the Work Product by City for any purpose other than the purpose for which the Work Product was prepared or provided under this Agreement shall be at City’s own risk. Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product. 11.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Work Product that are not otherwise vested in City pursuant to Subsection 11,1. 9 of 21 City of Seal Beach Professional Services Agreement 11.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exi sts, including computer software, used in the rendering of the Services and the production of all Work Product produced under this Agreement, and that City has full legal title to and the right to reproduce the Work Product for any purpose. Consultant shall defend, indemnify and hold City, its elected and appointed officials, officers, employees, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use of any of the Work Product violates federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (i) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (ii) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. Consultant’s covenants and obligations shall survive the expiration and/or termination of this Agreement. 11.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Work Product and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. 12.0 Confidentiality 12.1. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees, trade secrets, and/or other information that may be protected under other applicable laws relating to privacy, confidentiality and/or privilege. Consultant covenants that all Work Product (as defined in Subsection 11.1) and/or any other data, documents, writings, discussion or other information created, developed, received or provided by Consultant in the performance of this Agreement are deemed confidential unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such Work Product, data, documents, writings, discussion or other information to persons or entities other than City without prior written authorization by City. City shall grant such 10 of 21 City of Seal Beach Professional Services Agreement authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, and/or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City timely notice of such court order or subpoena. 12.2. Consultant shall promptly notify City should Consultant, its officers, employees, agents and/or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for docum ents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. 12.3. Consultant’s covenants and obligations under this Section shall survive the termination or expiration of this Agreement. 13.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors. Authorized subcontracts, if any, shall contain a provision making the subcontractor subject to all requirements of this Agreement. 14.0 Prohibition Against Assignment , Transfer or Delegation Consultant shall not assign or transfer this Agreement or any of its rights, obligations or interest in this Agreement, or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent, which may be withheld for any reason. Any purported assignment, transfer or delegation without City’s consent shall be void and without effect, and shall entitle City to terminate this Agreement. 15.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but 11 of 21 City of Seal Beach Professional Services Agreement expressly not limited to, all Services performed, salaries, wages, payroll, invoices, time cards, cost control sheets, costs, expenses, receipts and other records and Work Product with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City’s rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 16.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor. 17.0 Insurance 17.1. General Requirements. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. 17.2. Minimum Scope and Limits of Insurance . Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows: 17.2.1. Commercial General Liability Insurance: Consultant shall maintain limits no less than $2,000,000 per occurrence for bodily injury, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit : Coverage shall be at least as 12 of 21 City of Seal Beach Professional Services Agreement broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds; 17.2.2. Automobile Liability Insurance: Consultant shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto).. 17.2.3. Workers’ Compensation Insurance in the amount required by law; and Employer’s Liability: with minimum limits of $1,000,000 per accident and in the aggregate for bodily injury or disease; 17.2.4. Professional Liability (or Errors and Omissions) Liability Insurance: Consultant shall maintain professional liability (or errors and omissions liability) insurance that covers the Services to be performed in connection with this Agreement, with minimum limits of $1,000,000 per claim/aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. If a “claims made” policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 17.4. Additional Insured . 17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnish ed in connection with such work. 17.4.2. For automobile liability insurance, City, its elected and appointed officials , officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, lease d, hired or borrowed by the Consultant or for which the Consultant is responsible . 13 of 21 City of Seal Beach Professional Services Agreement 17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies. 17.5. Cancellations or Modifications to Coverage . The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (i) coverage shall not be suspended, voided, reduced or canceled except after 30 days (or ten days for nonpayment) prior written notice by certified mail, return receipt requested, has been given to City; (ii) any failure to comply with reporting or other provisions of the policies, including breac hes of warranties, shall not affect coverage provided to City, its elected and app ointed officials, officers, employees, agents, volunteers, and those City agents serving as independent contractors in the role of City officials; 17.6. Primary and Non -Contributing. Coverage shall be primary insurance as respects the City, its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying cov erage and that any insurance or self -insurance maintained by the City, its elected and appointed officials , officers, employees, agents. volunteers and those City agents serving as independent contractors in the role of City officials, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; 17.7. Separation of Insureds. Each insurance policy shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials. 17.8. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials ; or (ii) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer’s right of subrogation against City and its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives its own right of recovery and all rights of 14 of 21 City of Seal Beach Professional Services Agreement subrogation against City; and shall require similar express written waivers from any subcontractor. 17.10. Enforcement of Agreement Provisions (Non-Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on City’s part to inform Consultant of non-compliance with any insurance requirement does not impose additional obligations on City, nor does it waive any rights hereunder. 17.11. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant. 17.12. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverage s required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City also reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages. 17.13. Indemnity Requirements Not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duties under any provision of this Agreement. 17.14. Broader Coverage/Higher Limits. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Consultant under this Agreement. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be 15 of 21 City of Seal Beach Professional Services Agreement entitled to the broader coverage and/or the higher limits maintained by Consultant. 17.15. Subcontractor Insurance Requirements/Pass-Through Clause. Consultant shall require each of its subconsultants and/or subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section. Consultant agrees to monitor and review all such coverages and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Consultant agrees to submit all agreements with consultants, subcontractors, and others engaged in the Services upon City’s request. 17.16. Timely Notice of Claims. Contractor shall give City prompt and timely notice of demands or claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required insurance policie s. 18.0 Indemnification, Hold Harmless, and Duty to Defend 18.1. Indemnities. 18.1.1. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City and its elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees” in this Section 18.0), from and against any and all damages, costs , expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and a ll costs associated therewith, and the payment of all consequential damages (collectively “Claims”), in law or equity, whether actual, alleged or threatened, to property or persons, including but not limited to, bodily injury, death, personal injury and pr operty damage, in any manner arising out of, claimed to arise out of, pertaining to, or relating to the breach of this Agreement and/or errors, omissions, negligence or willful misconduct of Consultant, its officers, agents, servants, employees, contractors, subcontractors, subconsultants, materialmen, or suppliers, or their officers, agents, servants or employees (or any entity or individual for whom Consultant shall bear legal liability) in the performance of the Services and/or this Agreement, except to the extent the Claims arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for an y and all legal expenses and costs incurred by the Indemnitees in connection therewith. 16 of 21 City of Seal Beach Professional Services Agreement 18.1.2. Consultant shall defend, indemnify and hold harmless City in accordance with Sections 9.0 and 10.0. 18.2. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 1 8.0 from each and every subcontractor, subconsultant, or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, arising out of, are claimed to arise out of, pertaining to, or relating to, the breach of this Agreement, any acts, errors, omissions, negligence or willful misconduct of Consultant’s subcontractor, its officers, agents, servants, employees, materialmen, contractors, subcontractors and/or subconsultants, or their officers, agents, servants or employees (or any entity or individual for whom Consultant’s subcontractor shall bear legal liability) in the performance of the Services or this Agreement, except to the extent the Claims arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties. 18.3. Workers’ Compensation Acts Not Limiting. Consultant’s indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ co mpensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officials, officers, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials . 18.4. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Agreement shall apply regardless of whether or not any insurance policies a re determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees. 18.5. Survival of Terms. Consultant’s covenants and obligations under this Section 18.0 shall survive the expiration or termination of this Agreem ent. 19.0 Non-Discrimination and Equal Employment Opportunity Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant covenants that it shall not discriminate, harass or retaliate against any of its employee, applicants for employment, contractors, subcontractors or subconsultants because of race, 17 of 21 City of Seal Beach Professional Services Agreement religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, military or veteran status, or any other basis prohibited by law. Consultant further covenants that in the performance of this Agreement, Consultant shall not discriminate, harass or retaliate against any of City’s elected or appointed officials, officers, employees, consultants, contractors, subcontractors, or subconsultants on any such basis prohibited by law. 20.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers’ Compensation or to undertake self -insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 21.0 Prevailing Wage and Payroll Records To the extent that this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein. 22.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 23.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 24.0 Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied i n interpreting this Agreement. Orange County, California, shall be the venue for any action or proceeding that may be brought by reason of, that arises out of, and/or relates to any dispute under this Agreement (whether contract, tort or both). 18 of 21 City of Seal Beach Professional Services Agreement 25.0 No Third Party Beneficiaries This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement. 26.0 Waiver No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (i) effective unless it is in writing and signed by the Party making the waiver, (ii) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (iii) deemed to constitute a continuing waiver unless the writing expressly so states. 27.0 Prohibited Interests; Conflict of Interest 27.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, wh ich would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 27.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, o r any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 27.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, no n- contractual, financial, proprietary, or otherwise, in this transaction or in the 19 of 21 City of Seal Beach Professional Services Agreement business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section. 28.0 Final Payment Acceptance Constitutes Release The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything d one, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsi bility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents. 29.0 Corrections In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction. 30.0 Non-Appropriation of Funds Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within a n available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 31.0 Mutual Cooperation 31.1. City’s Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is rea sonably available for Consultant’s proper performance of the Services required und er this Agreement. 20 of 21 City of Seal Beach Professional Services Agreement 31.2. Consultant’s Cooperation. Consultant agrees to work closely and cooperate fully with City’s representative and any other agencies that may have jurisdiction or interest in the work to be performed. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 32.0 Time of the Essence Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement. 33.0 Attorneys' Fees If either party commences an action a gainst the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys’ fees and other costs incurred in connection therewith. 34.0 Titles and Headings The titles and headings used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it. 35.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 36.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of th e date and year first above written. 21 of 21 City of Seal Beach Professional Services Agreement CITY OF SEAL BEACH By: _________________________ Patrick Gallegos, City Manager Attest: By: _________________________ Gloria D. Harper, City Clerk Approved as to Form: By: _________________________ Nicholas Ghirelli, City Attorney CONSULTANT: Michael Baker International, Inc., a Pennsylvania Corporation By: __________________________ Name: ___________ _____ Its: ______ __________________________ By: Name: ______ Its ____ (Please note, two signatures required for corporations pursuant to California Corporations Code Section 313 from each of the following categories: (i) the chairperson of the board, the president or any vice president, and (ii) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation.) PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED Richard Beck Assistant Secretary SVP, Regional Director Trudi Lim City of Seal Beach Professional Services Agreement EXHIBIT A SCOPE OF SERVICES (Consultant’s Proposal for Open Space, Recreation, and Conservation Element, dated August 12, 2025) City of Seal Beach Professional Services Agreement EXHIBIT B TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration o f the project, Consultant shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. City of Seal Beach Professional Services Agreement 7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City. 10. Consultant acknowledges that eight hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the City of Seal Beach Professional Services Agreement provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” 12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant’s expense with counsel reasonably acceptable to City) City, its elected and appointed officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement. Agenda Item H AGENDA STAFF REPORT DATE:September 22, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Shaun Temple, Interim Community Development Director SUBJECT:Professional Services Agreement with Park Consulting Group, Inc. ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7695: 1. Approving the Professional Services Agreement with Park Consulting Group, Inc. for $72,050; and, 2. Authorizing the City Manager to execute the Agreement on behalf of the City. BACKGROUND AND ANALYSIS: In February 2021, the City Council procured Tyler Technologies’ EnerGov Permitting and Licensing (EPL) Land Management Software System to centralize its building, planning, code enforcement, Public Works, and special event permits. On August 19, 2024, the City went live with EPL, providing public access through the Civic Access portal. Since implementation, staff have identified opportunities to improve system performance and efficiency. Current workflows, automated notifications, and reporting functions are not fully optimized, creating delays, inconsistent processes, and consuming staff time. Members of the public have reported challenges with the City’s online application system, citing difficulties in navigating the mapping interface and uploading required documents. As a result, many applicants visit City Hall in person to resolve issues and complete their submissions. While staff remain available to assist applicants in person, improving the online system presents an opportunity to enhance accessibility and create a more efficient experience for both applicants and staff. To address these issues, the City will work with Park Consulting Group, Inc. (PCG), a firm with specialized expertise in EPL configuration, workflow optimization, and Page 2 2 1 4 9 reporting. PCG will provide ongoing support and targeted system enhancements to: Streamline workflows and reduce manual processes Improve automated reporting for internal and public needs Strengthen integration with other City systems Enhance the user experience for residents, businesses, and contractors The current system reflects significant efforts by both City staff and previous consultants, who worked within technical and capacity constraints to deliver a functional platform. As the system has become operational, new challenges and areas for improvement have emerged, many of which could not have been fully anticipated during initial development. Building on that foundation, PCG brings specialized expertise and the capacity to implement improvements that will enhance system performance and better meet the City’s operational and service delivery objectives. These improvements will reduce processing times, improve transparency, and increase efficiency for City departments while enhancing the Civic Access portal. ENVIRONMENTAL IMPACT: The proposed Agreement is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State CEQA Guidelines which states that CEQA only applies to projects that have potential for causing a significant effect on the environment. Approval of the Professional Services Agreement will not have a significant effect on the environment. LEGAL ANALYSIS: This item has been reviewed and approved as to form. FINANCIAL IMPACT: As the Community Development, Recreation, and Public Works Departments are each requesting enhancements, project expenses will be allocated accordingly to their respective budget accounts: Community Development – GIS Building Account (103-300-0231-51303), Public Works – Engineering Contract Professional Services Account (101-500-0042-51280), and Recreation – Office and Technology Account (101-150-2070-51250). STRATEGIC PLAN: Implementation of a new permitting system was included in the 2021 Strategic Plan. Page 3 2 1 4 9 RECOMMENDATION: That the City Council adopt Resolution 7695: 1. Approving the Professional Services Agreement with Park Consulting Group, Inc. for $72,050; and, 2. Authorizing the City Manager to execute the Agreement on behalf of the City. SUBMITTED BY: NOTED AND APPROVED: Shaun Temple Patrick Gallegos Shaun Temple, Interim Community Development Director Patrick, Gallegos, City Manager Prepared by: Megan Coats, Management Analyst ATTACHMENTS: A. Resolution 7695 B. Professional Services Agreement RESOLUTION 7695 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE PROFESSIONAL SERVICES AGREEMENT WITH PARK CONSULTING GROUP, INC. WHEREAS, the City of Seal Beach (City) utilizes Tyler Technologies’ EnerGov Permitting and Licensing (EPL); and, WHEREAS, City staff have identified opportunities to improve performance and efficiency, as the current EPL is not fully optimized; and, WHEREAS, these inefficiencies have resulted in delays, inconsistent processes, and increased staff time; and, WHEREAS, Park Consulting Group, Inc. (“Consultant”) is a highly qualified consulting firm, specializing in EPL configuration, workflow optimization, and reporting, and will serve the needs of the City; and, WHEREAS, City and Consultant wish to enter into a Professional Services Agreement to streamline workflows, enhance automated reporting, strengthen system integration, and improve the Civic Access portal; and, WHEREAS, City and Consultant wish to enter into the Agreement for a not-to-exceed contract amount $72,050. NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine and order as follows: Section 1. The City Council hereby approves the Professional Services Agreement with Park Consulting Group, Inc. for EPL enhancement services. Section 2. The Council hereby directs the City Manager to execute the Professional Services Agreement on behalf of the City. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 22nd day of September 2025 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members 1 0 4 3 2 Lisa Landau, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7695 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 22nd day of September 2025. Gloria D. Harper, City Clerk City of Seal Beach Professional Services Agreement PROFESSIONAL SERVICES AGREEMENT for EPL Enhancement Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & Park Consulting Group, Inc. 200 Spectrum Center Drive, Suite 300 Irvine, CA 92618 This Professional Service Agreement (“the Agreement”) is made as of September 22, 2025 to be effective as of October 1, 2025 (the “Effective Date”), by and between Park Consulting Group, Inc. (“Consultant”), a California Corporation, and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”). 2 of 21 City of Seal Beach Professional Services Agreement RECITALS A. City desires certain professional EPL Enhancement Services for Recreation, Code Enforcement, Public Works, and Building and Planning. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), the City desires to retain Consultant as an independent contractor to provide services in the manner set forth herein and more fully described in Section 1.0. C. Consultant represents that the principal members of its firm are licensed and professional electronic permitting and licensing professionals and are fully qualified to perform the professional services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees . D. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those professional services in accordance with the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Consultant’s Services 1.1. Scope of Services. In compliance with all terms, conditions and provisions of this Agreement, Consultant shall provide those professional services (collectively “Services”) set forth in “Scope of Services” attached hereto as Exhibit A and incorporated herein by this reference, all to City’s reasonable satisfaction. 1.2. Agreement Documents; Order of Precedence. 1.2.1. The Agreement Documents include this Agreement itself, and the “Scope of Services”, Exhibit A, includes the Proposal, which is incorporated herein by this reference, together with any additional City standards or specifications or requirements set forth therein. 1.2.2. In the event of any inconsistency or conflict between this Agreement and any Exhibit or incorporated document s, the order of precedence shall be as follows: (i) this Agreement; and then (ii) Exhibit A; and then (iii) Exhibit B (Terms for Compliance with California Labor Law Requirements); and then (iv) Exhibit C (if any); and then (v) Exhibit D (if any); and then (vi) the RFP; and then (vii) the Proposal, shall govern. In the event there is any conflict 3 of 21 City of Seal Beach Professional Services Agreement between the Agreement, on the one hand, and any of the Exhibits, the Proposal on the other hand, the Agreement shall govern. 1.3. Standard of Care. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant’s staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant’s staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. The acceptance of Consultant’s work by the City shall not operate as a release of Consultant from such standard of care and workmanship. 1.4. Familiarity with Services. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (i) has investigated and considered the scope and level of services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement. Consultant represents that Consultant, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of services, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from City’s Representative. 1.5. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law... 1.6. Additional Services. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. Original Term. The term of this Agreement shall commence on October 1, 2025, and shall remain in full force and effect until June 30, 2026, unless sooner terminated as provided in Section 5.0 of this Agreement. 4 of 21 City of Seal Beach Professional Services Agreement 3.0 Consultant’s Compensation 3.1. City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for the Services but in no event will the City pay more than the total not-to-exceed amount of $72,050 (Seventy-Two Thousand and Fifty Dollars) for the original Term. 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant’s invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon 24-hour notice from City, Consultant shall allow City or City’s agents or representatives to inspect at Consultant’s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City’s rights under this Section 4.2 shall survive for three (3) years following the termination of this Agreement. 5.0 Termination 5.1. Termination by City. 5.1.1. This Agreement may be terminated by City, without cause, upon giving Consultant written notice thereof not less than 30 days prior to the date of termination. 5.1.2. This Agreement may be terminated by City upon 10 days’ notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 5.2. Termination by Consultant. This Agreement may be terminated by Consultant based on reasonable cause, by serving written notice of termination to City, provided that Consultant has first City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice. 5 of 21 City of Seal Beach Professional Services Agreement 5.3. Obligations Upon Termination. Unless otherwise specified in the notice of termination, Consultant shall cease all work under this Agreement immediately upon receipt of notice of termination from City under Subsection 5.1, or immediately upon City’s acknowledgment of receipt of Consultant’s notice of termination to City under Subsection 5.1. Upon termination, City shall be immediately given title to and possession of all Work Prod uct (as defined in Subsection 11.1 of this Agreement) and all other documents, writings, and/or deliverables produced or developed pursuant to this Agreement. Provided that Consultant is not then in breach, City shall pay Consultant for any portion of the Services completed prior to termination, based on the reasonable value of the Services rendered. If said termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by City and Consultant. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall Consultant be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Consultant shall not be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services up to date of termination. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation or damages. 6.0 Party Representatives 6.1. The City Manager is the City’s representative for purposes of this Agreement. 6.2. Glenn Park is the Consultant's primary representative for purposes of this Agreement. Glenn Park shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211-8th Street Seal Beach, California 90740 Attn: City Manager 6 of 21 City of Seal Beach Professional Services Agreement To Consultant: Park Consulting Group, Inc. 200 Spectrum Center Drive, Suite 300 Irvine, CA 92618 Attn: Glenn Park 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Permits and Licenses Consultant and all of Consultant’s employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code. 9.0 Independent Contractor 9.1. Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant’s employees or other personnel under Consultant’s supervision. Consultant will determine the means, methods, and details by which Consultant’s employees and other personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 9.2. All of Consultant’s employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e -mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant’s personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant’s choice, except (i) as otherwise required for the performance of Services on City real property, vehicles or equipment; (ii) as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of any Services under this Agreement, or (iii) as may be necessary to inspect or visit City locations and/or private property to perform 7 of 21 City of Seal Beach Professional Services Agreement such Services. City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 9.3. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 9.4. Consultant shall defend, indemnify and hold harmless City, its elected and appointed officials, officers, employees, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant’s covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 10.0 PERS Compliance and Indemnification 10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on b ehalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law (“PERL”), commencing at Government Code § 20000, as amended by the Public 8 of 21 City of Seal Beach Professional Services Agreement Employees’ Pension Reform Act of 2013 (“PEPRA”),. and the regulations of PERS, as amended from time to time. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations. 10.2. Indemnification. To the maximum extent permitted by law, Consultant shall defend, indemnify and hold harmless City, its City, its elected and appointed officials, officers, employees, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant’s covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 11.0 Ownership of Work Product 11.1. Unless otherwise agreed upon in writing, all field notes and other notes, draft and final reports, drawings, specifications, data, surveys, studies, plans, maps, models, specifications, photographs, images, images, ideas, concepts, designs including but not limited to website designs, source code, object code, computer files, electronic data and/or files, other media of any kind whatsoever, and any other documents and written material of any kind, created, developed or used by Consultant in the performance of this Agreement (collectively “Work Product”) shall be considered “works made for hire,” for the benefit of City. Upon completion of, or in the event of termination or expiration of this Agreement, all Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made in accordance with Subsection 5.3, and may be used, reused or otherwise disposed of by City for any purpose without Consultant’s consent; provided that any use, reuse or modification of the Work Product by City for any purpose other than the purpose for which the Work Product was prepared or provided under this Agreement shall be at City’s own risk . Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product. 11.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Work Product that are not otherwise vested in City pursuant to Subsection 11,1. 9 of 21 City of Seal Beach Professional Services Agreement 11.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Work Product produced under this Agreement, and that City has full legal title to and the right to reproduce the Work Product for any purpose. Consultant shall defend, indemnify and hold City, its elected and appointed officials, officers, employees, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use of any of the Work Product violates federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (i) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (ii) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. Consultant’s covenants and obligations shall survive the expiration and/or termination of this Agreement. 11.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Work Product and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. 12.0 Confidentiality 12.1. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees, trade secrets, and/or other information that may be protected under other applicable laws relating to privacy, confidentiality and/or privilege. Consultant covenants that all Work Product (as defined in Subsection 11.1) and/or any other data, documents, writings, discussion or other information created, developed, received or provided by Consultant in the performance of this Agreement are deemed confidential unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such Work Product, data, documents, writings, discussion or other information to persons or entities other than City without prior written authorization by City. City shall grant such 10 of 21 City of Seal Beach Professional Services Agreement authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, and/or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City timely notice of such court order or subpoena. 12.2. Consultant shall promptly notify City should Consultant, its officers, employees, agents and/or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. 12.3. Consultant’s covenants and obligations under this Section shall survive the termination or expiration of this Agreement. 13.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors. Authorized subcontracts, if any, shall contain a provision making the subcontractor subject to all requirements of this Agreement. 14.0 Prohibition Against Assignment , Transfer or Delegation Consultant shall not assign or transfer this Agreement or any of its rights, obligations or interest in this Agreement, or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent, which may be withheld for any reason. Any purported assignment, transfer or delegation without City’s consent shall be void and without effect, and shall entitle City to terminate this Agreement. 15.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but 11 of 21 City of Seal Beach Professional Services Agreement expressly not limited to, all Services performed, salaries, wages, payroll, invoices, time cards, cost control sheets, costs, expenses, receipts and other records and Work Product with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City’s rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 16.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor. 17.0 Insurance 17.1. General Requirements. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. 17.2. Minimum Scope and Limits of Insurance . Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows: 17.2.1. Commercial General Liability Insurance: Consultant shall maintain limits no less than $2,000,000 per occurrence for bodily injury, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit : Coverage shall be at least as 12 of 21 City of Seal Beach Professional Services Agreement broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds; 17.2.2. Automobile Liability Insurance: Consultant shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto).. 17.2.3. Workers’ Compensation Insurance in the amount required by law; and Employer’s Liability: with minimum limits of $1,000,000 per accident and in the aggregate for bodily injury or disease; 17.2.4. Professional Liability (or Errors and Omissions) Liability Insurance: Consultant shall maintain professional liability (or errors and omissions liability) insurance that covers the Services to be performed in connection with this Agreement, with minimum limits of $1,000,000 per claim/aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. If a “claims made” policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 17.4. Additional Insured . 17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnish ed in connection with such work. 17.4.2. For automobile liability insurance, City, its elected and appointed officials , officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased , hired or borrowed by the Consultant or for which the Consultant is responsible . 13 of 21 City of Seal Beach Professional Services Agreement 17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies. 17.5. Cancellations or Modifications to Coverage . The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (i) coverage shall not be suspended, voided, reduced or canceled except after 30 days (or ten days for nonpayment) prior written notice by certified mail, return receipt requested, has been given to City; (ii) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, volunteers, and those City agents serving as independent contractors in the role of City officials; 17.6. Primary and Non -Contributing. Coverage shall be primary insurance as respects the City, its elected and appointed officials , officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self -insurance maintained by the City, its elected and appointed officials , officers, employees, agents. volunteers and those City agents serving as independent contractors in the role of City officials, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; 17.7. Separation of Insureds. Each insurance policy shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials. 17.8. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials ; or (ii) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer’s right of subrogation against City and its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives its own right of recovery and all rights of 14 of 21 City of Seal Beach Professional Services Agreement subrogation against City; and shall require similar express written waivers from any subcontractor. 17.10. Enforcement of Agreement Provisions (Non-Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on City’s part to inform Consultant of non-compliance with any insurance requirement does not impose additional obligations on City, nor does it waive any rights hereunder. 17.11. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant. 17.12. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverage s required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City also reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages. 17.13. Indemnity Requirements Not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duties under any provision of this Agreement. 17.14. Broader Coverage/Higher Limits. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Consultant under this Agreement. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be 15 of 21 City of Seal Beach Professional Services Agreement entitled to the broader coverage and/or the higher limits maintained by Consultant. 17.15. Subcontractor Insurance Requirements/Pass-Through Clause. Consultant shall require each of its subconsultants and/or subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section. Consultant agrees to monitor and review all such coverages and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Consultant agrees to submit all agreements with consultants, subcontractors, and others engaged in the Services upon City’s request. 17.16. Timely Notice of Claims. Contractor shall give City prompt and timely notice of demands or claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required insurance policies. 18.0 Indemnification, Hold Harmless, and Duty to Defend 18.1. Indemnities. 18.1.1. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City and its elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees” in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Claims”), in law or equity, whether actual, alleged or threatened, to property or persons, including but not limited to, bodily injury, death, personal injury and property damage, in any manner arising out of, claimed to arise out of, pertaining to, or relating to the breach of this Agreement and/or errors, omissions, negligence or willful misconduct of Consultant, its officers, agents, servants, employees, contractors, subcontractors, subconsultants, materialmen, or suppliers, or their officers, agents, servants or employees (or any entity or individual for whom Consultant shall bear legal liability) in the performance of the Services and/or this Agreement, except to the extent the Claims arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 16 of 21 City of Seal Beach Professional Services Agreement 18.1.2. Consultant shall defend, indemnify and hold harmless City in accordance with Sections 9.0 and 10.0. 18.2. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 1 8.0 from each and every subcontractor, subconsultant, or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, arising out of, are claimed to arise out of, pertaining to, or relating to, the breach of this Agreement, any acts, errors, omissions, negligence or willful misconduct of Consultant’s subcontractor, its officers, agents, servants, employees, materialmen, contractors, subcontractors and/or subconsultants, or their officers, agents, servants or employees (or any entity or individual for whom Consultant’s subcontractor shall bear legal liability) in the performance of the Services or this Agreement, except to the extent the Claims arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties. 18.3. Workers’ Compensation Acts Not Limiting. Consultant’s indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ co mpensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officials, officers, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials . 18.4. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Agreement shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees. 18.5. Survival of Terms. Consultant’s covenants and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement. 19.0 Non-Discrimination and Equal Employment Opportunity Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant covenants that it shall not discriminate, harass or retaliate against any of its employee, applicants for employment, contractors, subcontractors or subconsultants because of race, 17 of 21 City of Seal Beach Professional Services Agreement religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, military or veteran status, or any other basis prohibited by law. Consultant further covenants that in the performance of this Agreement, Consultant shall not discriminate, harass or retaliate against any of City’s elected or appointed officials, officers, employees, consultants, contractors, subcontractors, or subconsultants on any such basis prohibited by law. 20.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers’ Compensation or to undertake self -insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 21.0 Prevailing Wage and Payroll Records To the extent that this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein. 22.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 23.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 24.0 Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied i n interpreting this Agreement. Orange County, California, shall be the venue for any action or proceeding that may be brought by reason of, that arises out of, and/or relates to any dispute under this Agreement (whether contract, tort or both). 18 of 21 City of Seal Beach Professional Services Agreement 25.0 No Third Party Beneficiaries This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement. 26.0 Waiver No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (i) effective unless it is in writing and signed by the Party making the waiver, (ii) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (iii) deemed to constitute a continuing waiver unless the writing expressly so states. 27.0 Prohibited Interests; Conflict of Interest 27.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 27.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 27.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the 19 of 21 City of Seal Beach Professional Services Agreement business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section. 28.0 Final Payment Acceptance Constitutes Release The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents. 29.0 Corrections In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction. 30.0 Non-Appropriation of Funds Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within a n available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 31.0 Mutual Cooperation 31.1. City’s Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement. 20 of 21 City of Seal Beach Professional Services Agreement 31.2. Consultant’s Cooperation. Consultant agrees to work closely and cooperate fully with City’s representative and any other agencies that may have jurisdiction or interest in the work to be performed. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 32.0 Time of the Essence Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement. 33.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys’ fees and other costs incurred in connection therewith. 34.0 Titles and Headings The titles and headings used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it. 35.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 36.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. 21 of 21 City of Seal Beach Professional Services Agreement CITY OF SEAL BEACH By: _________________________ Patrick Gallegos, City Manager Attest: By: _________________________ Gloria D. Harper, City Clerk Approved as to Form: By: _________________________ Nicholas Ghirelli, City Attorney CONSULTANT: Park Consulting Group, Inc., a California Corporation By: __________________________ Name: Glenn Park Its: President By: __________________________ Name: Glenn Park Its: Secretary (Please note, two signatures required for corporations pursuant to California Corporations Code Section 313 from each of the following categories: (i) the chairperson of the board, the president or any vice president, and (ii) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation.) PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED City of Seal Beach Professional Services Agreement EXHIBIT A SCOPE OF SERVICES (Consultant’s Proposal for EPL LMS Enhancements Services, dated September 9, 2025) City of Seal Beach Professional Services Agreement EXHIBIT B TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. City of Seal Beach Professional Services Agreement 7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City. 10. Consultant acknowledges that eight hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the City of Seal Beach Professional Services Agreement provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” 12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant’s expense with counsel reasonably acceptable to City) City, its elected and appointed officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement. Consulting Group Seal Beach - EPL LMS Enhancements Services Park Consulting Group Title: Proposal – EPL LMS Enhancements Services Date: September 9, 2025 Client Contact: Megan Coats, Management Analyst, Community Development PCG Contact: Glenn Park, President and Principal Consultant PROPOSAL Description of Work City of Seal Beach, CA is seeking the following services for EPL Enhancement Services: Enhancement Services: - PCG will receive and respond to requests from the City’s primary point of contact (POC). - PCG will attend meetings, including working sessions and other meetings as requested. - Provide feedback on leading practices to maximize EPL system capabilities. - PCG will provide EPL enhancement services as requested by the City. This will include supporting, implementing, and reviewing EPL configuration including case types, workflows, custom fields, CSS configuration, GIS, fees, automations, and Georules. - PCG will provide configuration walkthroughs or details for resolved issues and deployed enhancements. City may choose to record walkthroughs as needed. - PCG will review City-deployed configuration and developed reports as requested. - PCG should have the full ability to deliver services remotely with minimal on-site visits and/ or incurred travel costs. If onsite visits are requested, travel expenses and time will be reimbursed. - PCG will configure and complete the enhancement requests in Exhibit A based on the requests from the Tyler Tech Sharepoint Site. Form and Report Design and Development: - Provide report development services to design, develop, and deploy non-standard forms and statistical reports generated from Tyler Tech EPL. - Reports and Forms will be developed with the use of SSRS. - Stored procedures and queries required for reports and forms will be developed. - Prepare template and stored procedures development package to be sent to Tyler Tech. - Coordinate with City POC to send RDL file and stored procedures/ queries to Tyler Tech. - Coordinate access with City POC of required database back-up. - Notify City POC of deployed reports within all applicable modules and case types. Respond to feedback and requested updates. Key City Responsibilities: - City will provide a primary point of contact (POC) available throughout the duration of services to manage issues and enhancements requested from City staff. The City POC will Consulting Group manage tracking, communication, and follow-up with City staff. City will provide a designated back-up if the primary POC is unavailable. - City’s POC will triage and prioritize issues and enhancement requests prior to submitting to PCG to be aware of all requested work and ensure work is within allocated budgeted hours. Work effort is typically 1-2 hours minimum per request. - City will ensure that sufficient requirements and details for all issues and enhancement requests are gathered prior to submitting to PCG, when available. - City will be responsible to submit Tyler Tech support tickets and manage follow-up / responses when appropriate to resolve issues and requested enhancements. - City will be responsible for managing meetings related to Tyler Tech EPL including coordination, facilitation, management of agendas, deliverables, and follow-up actions. - City will provide remote access and full system administrator access for PCG as required to complete the requested work. This includes, and is not limited to, access to VPN/virtual desktop logins, Google Chrome, Tyler Tech EPL Application, Tyler Tech EPL DB backups, and Tyler Tech Project and City’s Shared/ SFTP Folders. - City will work with Tyler Tech, City IT, and other system vendors to provide login access and appropriate permissions to Tyler Tech EPL environments and applicable systems for PCG to deliver requested services. - City will manage version upgrades to Tyler Tech EPL directly with Tyler Tech. - City will seek training related to end-user onboarding, configuration, and admin training from Tyler Technologies. - City will provide subject matter experts that are available throughout the duration of services to successfully deliver PCG services. In order to meet timelines, City will provide sufficient requirements and details for all issues and requests. City will provide answers to question and provide feedback and responses in a timely manner (within 2 business days). Issues and request lacking sufficient details or responsiveness may be cancelled. - City’s configuration and development activities in the EPL system will not conflict with the PCG’s development work. Any rework created by conflicting development work, such as updates/ changes/ overwriting configuration or developed reports, forms, and letters will result in a change request to correct and complete development. - City requests to cancel already started development work, will be descoped from development and activities and milestones completed up to the notice of cancellation will be due. Cost Proposal Duration of Services: October 2025 – June 2026 Total Not to Exceed: $72,050 The City has provided Park Consulting Group a list of priority enhancements identified for each of the City’s Tyler Tech EPL user groups that will be addressed as an initial effort within the first 3 months of this scope of services. Park Consulting Group will provide the City of Seal Beach with up to 20 hours of monthly services at a fixed rate per month in the referenced table below. Hours do not roll over. Any hours overages in excess of the monthly allotment will pre-approved by the City prior to additional work commencing and will be billed at the hourly rates. The City may choose to start the monthly support services prior to the indicated start date. Consulting Group Requested Services Total Recreation - Configuration Clean-up: Special Event Permit Revamp - Custom Field Enhancements - Backoffice and Online - Intelligent Objects: Notification requests for new applications and reviews. - REMOVED FROM SCOPE as of 9/9/2025: Reports: Approval Letter Generation and Automation. Configuration Clean-up: Update existing review process and workflow. $4,000 Code Enforcement - Citation Report Updates/ Tracking of Unique identifiers for Citations - Code Violations clean-up with breakouts and categorization. $3,000 Planning - File Sets: Existing clean-up and required file categories for each Case Type. - Intelligent Objects: Create new IO for Email/Attach for approval document when Approval workflow is completed. - New Case Type: Short Term Rental - New Case Type: Main Street Program (Outdoor Use) - Configuration Clean-up: Existing workflow Template review and removal of unnecessary steps. Customize per case type. $10,000 Building - Civic Access: Address customer interaction issues with EPL/Civic Access. Help Guides for Registration and Logins to reduce the amount of back and forth between customers and staff. - Civic Access: GIS Address Searching issues; facilitation with Infinity Technologies and Tyler Technologies. - Configuration Clean-up: Custom fields to help with reporting, fee calculation, and application process. $15,000 Public Works - Integration: Troubleshoot relationship between Incode and EPL. Facilitation with Tyler Tech to assist with Integration related items. May be a process training as it was mentioned it works with other payments from other departments. - File Sets: Clean-ups. Required file categories for each Case Type. - Reports: Changes to existing report structure and data. Inclusion of Signature Images to Reports. - Intelligent Objects: Notification of when new uploads are done via Civic Access. - Intelligent Objects: Updates to outside contacts. - Training: Search Functionality, Troubleshoot methodology. - Configuration Clean-up: Auto-number reset configuration and planning. - Configuration Clean-up: Adding additional special conditions. - Reports: Additional report creation for a "not valid permit" for Edison example. Adjustment of process around this business need. - Reports: Update existing Transportation Permits and Dumpster Permits $15,000 January 2026 – May 2026 (6 Months) - Monthly Services (20 hours/mo) @ $4,175/mo $25,050 GRAND TOTAL $72,050 Consulting Group Optional Service Extension: Jan 2026 – Dec 2026 (12 Months) - Monthly Services (20 hours/mo) @ $4,300/mo $51,600 Annual Fiscal Year Fee Schedule updates (FY26/27) $30,000 Additional Configuration and Development Services Rates: Additional Configuration and Development Services scope of services and duration for this proposal will be considered based on the following hourly rate. City may request other consulting services and will be delivered based on the agreed upon rate amounts: PCG Resources 2025 Rates 2026 Rates Configuration & Development Services Principal Consultant / Project Manager $265/ hour $275/ hour Configuration / Development Consultant $225/ hour $235/ hour Reports / Stored Procedure Developer $225/ hour $235/ hour Agenda Item I AGENDA STAFF REPORT DATE:September 22, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Shaun Temple, Interim Director of Community Development SUBJECT:Introduction of an Ordinance of the City of Seal Beach Adopting By Reference the 2025 California Building Code, 2025 California Residential Code, 2025 California Electrical Code, 2025 California Mechanical Code, 2025 California Plumbing Code, and 2025 California Fire Code with Certain Amendments, Additions and Deletions, Amending Title 9 of the Seal Beach Municipal Code, and Approving a California Environmental Quality Act (CEQA) Exemption Determination ________________________________________________________________ SUMMARY OF REQUEST: That the City Council receive the staff report, introduce for the first reading by title only Ordinance 1719 amending Chapter 9.60 of Title 9 of the Municipal Code, and direct staff to schedule a noticed public hearing prior to second reading and adoption of the same. If the City Council concurs, the appropriate motion would be to: 1. Introduce, waive further reading and read by title only, Ordinance 1719, Adopting by Reference the 2025 California Building Code, 2025 California Residential Code, 2025 California Electrical Code, 2025 California Mechanical Code, 2025 California Plumbing Code, and 2025 California Fire Code, with Certain Amendments, Additions and Deletions, Amending Title 9 of the Seal Beach Municipal Code, and Approving a CEQA Exemption Determination; and, 2. Direct staff to schedule a duly-noticed public hearing for October 13, 2025, prior to second reading and adoption. BACKGROUND AND ANALYSIS: The model codes (“uniform codes”) upon which the City’s Building, Residential, Fire, Electrical, Mechanical, and Plumbing Codes are based, are amended and Page 2 1 5 9 8 published every three years. The California Building Standards Commission (CBSC) adopts and amends each of these Codes to create the California Building, Residential, Fire, Electrical, Mechanical, and Plumbing Codes which are six of the eleven Codes collectively comprising the California Building Standards Code. Cities are required to adopt these Codes as the official construction codes for the jurisdiction. State law sets out the process for adopting these Codes, with local amendments, if necessary. This helps California builders and the public to know that, generally, the rules for construction are relatively standard across the State. The 2025 California Building Standards Code was published on July 1, 2025 and will become effective on January 1, 2026. The City must adopt these Codes, with any amendments, before the amendments will be effective in the City. Conducting first and second reading and adoption of this ordinance, as currently scheduled, will ensure that the City’s amendments will be in effect as of January 1, 2026. The Codes upon which the California Building Standards Code is based, are published by the following three (3) entities: International Code Council (ICC) publishes Parts 1, 2 (includes 8 and 10), 2.5, 6, 7, 9, 11 and 12 of Title 24, the Administrative, Building, Historical Building, Existing Building, Residential, Energy, Wildland-Urban Interface, Fire, Green Building Standards and Referenced Standards Codes. International Association of Plumbing and Mechanical Officials (IAPMO) publishes Parts 4 and 5 of Title 24, the California Mechanical and Plumbing Codes. National Fire Protection Association (NFPA) publishes Part 3 of Title 24, the California Electrical Code. The California Building Standards Code is a compilation of three (3) types of building criteria from three (3) different origins: Building standards that have been adopted by state agencies without change from building standards contained in national model codes; Building standards that have been adopted and adapted from the national model code standards to meet California conditions; and Building standards, authorized by the California legislature, that constitute extensive additions not covered by the model codes that have been adopted to address particular California concerns. California Building Standards Law refers to the portion of state law within Health and Safety Code, Division 13, Part 2.5, commencing with Section 18901. The provisions of Part 2.5 govern the work of the California Building Standards Commission and how the building standards are to be adopted and published. It also mandates that California Building Standards Code, in Title 24 of the California Code of Regulations, applies to all building occupancies throughout the state. While state law requires local agencies to enforce most portions of the California Building Standards Code as local standards, the law allows local agencies to Page 3 1 5 9 8 amend building standards based on specified local climatic, geological, and/or topographical conditions. When a local agency enacts local amendments, a copy of the local amendment along with an express finding that such amendment(s) is reasonably necessary because of local climatic, geological, and/or topographical conditions, must be filed with the California Building Standards Commission before it will be effective. Furthermore, such amendments may only be more restrictive. 2025 Code Amendments compared to 2022 Code Amendments Local amendments in this ordinance are based on current City of Seal Beach standards, coordination with the Orange County Fire Authority (OCFA), and prior municipal practices. Key changes include: Permit Exemptions (105.2): Aligned with current City practices and California Building Code. Plan Check Expiration (105.3.2) and Permit Expiration (105.7): Clarified definitions, extension processes, and associated fees consistent with the City’s fee schedule. Valuation (108.8): Added to clarify determination of construction valuation. Fee Refunds (108.5): Clarified eligibility for plan check and permit fee refunds. Minimum refund is tied to the current minimum permit fee in the City’s adopted fee schedule (currently $123). Certificates of Occupancy (110.2 and 110.3): Clarified issuance process for both permanent and temporary certificates. Fire Code Amendments: Incorporated OCFA-recommended fire safety provisions, including updated definitions, vegetation management requirements, restrictions on outdoor fireplaces and fire pits, wildfire risk area protections, and expanded automatic fire sprinkler requirements. These amendments ensure consistency with existing Seal Beach standards, improve code clarity, and maintain alignment with OCFA fire protection objectives. ENVIRONMENTAL IMPACT: Pursuant to the State of California Public Resources Code and State Guidelines for the California Environmental Quality Act (CEQA), the Community Development Department has determined that the proposed project is categorically exempt from environmental review per Section 15061(b)(3) of the State CEQA Guidelines. LEGAL ANALYSIS: The City Attorney has reviewed the draft ordinance and approved it as to form. FINANCIAL IMPACT: There is no immediate financial impact to the City as a result of this proposed action. Page 4 1 5 9 8 STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council receive the staff report, introduce for the first reading by title only Ordinance 1719 amending Chapter 9.60 of Title 9 of the Municipal Code, and direct staff to schedule a noticed public hearing prior to second reading and adoption of the same. If the City Council concurs, the appropriate motion would be to: 1. Introduce, waive further reading and read by title only, Ordinance 1719 Adopting by Reference the 2025 California Building Code, 2025 California Residential Code, 2025 California Electrical Code, 2025 California Mechanical Code, 2025 California Plumbing Code, and 2025 California Fire Code, with Certain Amendments, Additions and Deletions, Amending Title 9 of the Seal Beach Municipal Code, and Approving a CEQA Exemption Determination; and, 2. Direct staff to schedule a duly-noticed public hearing for October 13, 2025, prior to second reading and adoption. SUBMITTED BY: NOTED AND APPROVED: Shaun Temple Patrick Gallegos Shaun Temple, Interim Director of Community Development Patrick Gallegos, City Manager ATTACHMENTS: A. Resolution 7696 B. Ordinance 1719 1 0 4 8 1 RESOLUTION 7696 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING FINDINGS TO SUPPORT LOCAL AMENDMENTS TO THE 2025 CALIFORNIA BUILDING STANDARDS CODE BASED ON LOCAL CLIMATIC, TOPOGRAPHICAL, AND GEOLOGICAL CONDITIONS WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5 allow a city to make amendments to the California Building Standards Code based upon express findings that such modifications are reasonably necessary because of local climatic, topographical, or geological conditions; and, WHEREAS, the Building Official has recommended amending certain building standards in the 2025 California Building Standards Code (“CBSC”) due to local conditions; and, WHEREAS, the City Council of the City of Seal Beach has considered such findings and determined that they are necessary to protect the health, safety, and welfare of the public due to unique conditions present within the City and the surrounding region. NOW, THEREFORE, the Seal Beach City Council does resolved, declare, determine, and order as follows: Exhibit “A” attached hereto and incorporated by reference herein, identifies amendments made by the City to the California Building Standards Code, and the local conditions set forth below supporting each amended building standard. Section I. Climate Conditions A. Orange County is located in a semi-arid Mediterranean type climate. It annually experiences extended periods of high temperatures with little or no precipitation. Hot, dry (Santa Ana) winds, which may reach speeds of 70 M.P.H. or greater, are also common to the area. These climatic conditions cause extreme drying of vegetation and common building materials. Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to large destructive fires (conflagration). In addition to directly damaging or destroying buildings, these fires are also prone to disrupt utility services throughout the County. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles will greatly impact the response time to reach an incident scene. B. The climate alternates between extended periods of drought and brief flooding conditions. Flood conditions may affect the Orange County Fire Authority’s ability to respond to a fire or emergency condition. Floods also disrupt utility services to buildings and facilities within the County. 1 0 4 8 1 C. Water demand in this densely populated area far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the already- taxed water supply does not. Due to storage capacities and consumption, and a limited amount of rainfall future water allocation is not fully dependable. This necessitates the need for additional and on-site fire protection features. D. These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high-density housing or vegetation. These fires spread very quickly and create a need for increased levels of fire protection. The added protection of fire sprinkler systems and other fire protection features will supplement normal fire department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems will also reduce the use of water for firefighting by as much as 50 to 75 percent. Section II. Topographical conditions. A. Natural; slopes of 15 percent or greater generally occur throughout the foothills of Orange County. The elevation change caused by the hills creates the geological foundation on which communities within Orange County are built and will continue to build. With much of the populated flatlands already built upon, future growth will occur on steeper slopes and with greater constraints in terrain. B. Traffic and circulation congestion is an artificially created, obstructive topographical condition, which is common throughout Orange County. C. These topographical conditions combine to create a situation that places fire department response time to fire occurrences at risk and makes it necessary to provide automatic on-site fire-extinguishing systems and other protection measures to protect occupants and property. Section III. Geological Conditions The Orange County region is a densely populated area that has buildings constructed over and near a vast and complex network of faults that are believed to be capable of producing future earthquakes similar or greater in size than the 1994 Northridge and the 1971 Sylmar earthquakes. Earthquake faults run along the northeast and southwest boundaries of Orange County. The Newport-Inglewood Fault, located within Orange County was the source of the destructive 1933 Long Beach earthquake (6.3 magnitude) which took 120 lives and damaged buildings in an area from Laguna Beach to Marina Del Rey to Whittier. In December 1989, another earthquake occurred in the jurisdiction of Irvine at an unknown fault line. Regional planning for reoccurrence of earthquakes is recommended by the state of California, Department of Conservation. 1 0 4 8 1 A. Previous earthquakes have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. The October 17, 1989, Santa Cruz earthquake resulted in one major fire in the Marina District (San Francisco). When combined with the 34 other fires locally and over 500 responses, the department was taxed to its fullest capabilities. The Marina fire was difficult to contain because mains supplying water to the district burst during the earthquake. This situation creates the need for both additional fire protection and automatic on-site fire protection for building occupants. State Department of Conservation noted in their 1988 report (Planning Scenario on a Major Earthquake on the Newport-Inglewood Fault Zone, page 59), “unfortunately, barely meeting the minimum earthquake standards of building codes places a building on the verge of being legally unsafe.” B. Road circulation features located throughout the County also make amendments reasonably necessary. Located through the County are major roadways, highways and flood control channels that create barriers and slow response times. Hills, slopes, street and storm drain design, accompanied by occasional heavy rainfall, causes roadway flooding and landslides and at times may make an emergency access route impassable. There are areas in Orange County that naturally have extended emergency response times that exceed the 5 minute goal. C. Soils throughout the County possess corrosive properties that reduce the expected usable life of water services when metallic pipes are in contact with soils. Due to the topographical conditions of sprawling development separated by waterways and narrow and congested streets and the expected infrastructure damage inherent in seismic zones described above, it is prudent to rely on automatic fire sprinkler systems to mitigate extended fire department response time and keep fires manageable with reduced fire flow (water) resources available for a given structure. Additional fire protection is also justified to match the current resources of firefighting equipment and personnel within the Orange County Fire Authority. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a meeting thereof held on September 22, 2025, by the following vote: AYES: Council Members ___________________________________________ NOES: Council Members ___________________________________________ ABSENT: Council Members ___________________________________________ ABSTAIN: Council Members ___________________________________________ 1 0 4 8 1 _________________________________ Lisa Landau, Mayor ATTEST: ___________________________ Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7696 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 22nd day of September 2025. ___________________________ Gloria D. Harper, City Clerk 1 0 4 8 1 EXHIBIT A 2025 CALIFORNIA BUILDING CODE (CBC) AND RESIDENTIAL CODE (CRC) AMENDMENT FINDINGS LEGEND 2025 CALIFORNIA FIRE CODE AMENDMENT FINDINGS LEGEND CODE SECTION AMENDED TITLE (Clarification)FINDINGS/LOCAL CONDITIONS Chapter 1 - CBC Division II Administrative Chapter 9 - CBC Fire Protection and Life Safety Systems I, II & III and Code correlation with Fire Code amendments R301.1.3.2 - CRC Wood Frame Structures II & III R309 - CRC Automatic Fire Sprinkler System I, II & III and Code correlation with Fire Code amendments CODE SECTION AMENDED TITLE (Clarification)FINDINGS/LOCAL CONDITIONS 113.4 Violation penalties Administrative 113.4.2 Infraction and misdemeanor Administrative 202 General definitions Administrative 304.1.3 OCFA vegetation management I 305.6 Hazardous conditions (outdoor fires)I & II 305.7 Disposal of rubbish I & II 307 Open burning, recreational fires, fire pits, fire rings, and outdoor fireplaces Administrative 307.6 Outdoor fireplaces, fire pits, fire rings Administrative 307.6.1 Gas-fueled devices (outdoor fires)I & II 307.6.2 Devices using wood or fuels other than natural gas or LPG I & II 307.6.2.1 Where prohibited (burning of solid fuels)I & II 324 Fuel modification requirements for new construction I 325 Clearance of brush or vegetation growth from roadways I 326 Unusual circumstances (vegetation management)Administrative 327 Use of equipment (IC engines and spark arresters)I 327.2 Use of equipment and devices generating heat, sparks or open flames I 327.3 Spark arresters I 1 0 4 8 1 AB 130 Finding Amendments to building standards affecting residential uses contained in Ordinance 1719 are changes or modifications substantially equivalent to existing changes or modifications that were previously filed by the City of Seal Beach and were in effect as of September 30, 2025. See Health and Safety Code Sections 17958.5 and 18941.5. 407.5 Hazardous material inventory statement I & II 501.1 Scope (fire service features)Administrative, I, II & III 510.1 Emergency responder radio coverage Administrative 903.2 Where required (sprinklers)I, II & III 903.2.8 Group R (sprinklers)I, II & III 903.3.5.3 Hydraulically calculated systems I, II & III 2801.2 Permit (biomass storage and handling)Administrative 2808.2 Storage site Administrative 2808.3 Size of piles I 2808.4 Pile separation I 2808.7 Pile fire protection I 2808.9 Material-handling equipment I 2808.11 Temperature control I 2808.11.1 Pile temperature control I 2808.11.2 New material temperature control I 2808.12 Water availability (for piles)I 2808.13 Tipping area I 2808.14 Emergency contact information Administrative 2808.15 Maximum grid of piles and rows Administrative, I 2808.16 Push-out / clear area Administrative, I 5001.5.2 Hazardous materials inventory statement Administrative 5003.1.1.1 Extremely hazardous substances I, II & III 5608.2 Firing (commercial fireworks)Administrative 5608.3 Application for permit (commercial fireworks)Administrative Chapter 80 Reference Standards N/A 2025 NFPA 13 (commercial sprinkler systems)Administrative, II & III 2025 NFPA 13D (single family sprinkler systems)I & II 2025 NFPA 24 (underground water supply systems)Administrative & III 1 0 4 3 0 ORDINANCE 1719 AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING BY REFERENCE THE 2025 CALIFORNIA BUILDING CODE, 2025 CALIFORNIA RESIDENTIAL CODE, 2025 CALIFORNIA ELECTRICAL CODE, 2025 CALIFORNIA MECHANICAL CODE, 2025 CALIFORNIA PLUMBING CODE, AND 2025 CALIFORNIA FIRE CODE WITH CERTAIN AMENDMENTS, ADDITIONS AND DELETIONS, AMENDING TITLE 9 OF THE SEAL BEACH MUNICIPAL CODE, AND APPROVING A CEQA EXEMPTION DETERMINATION THE SEAL BEACH CITY COUNCIL DOES ORDAIN AS FOLLOWS: Section 1. Recitals. A. California law provides that on January 1, 2026, building standards contained in the 2025 California Building Standards Code (“CBSC”), Title 24 of the California Code of Regulations, will be effective within the City. B. Pursuant to California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5, the City may amend building standards contained in the CBSC based upon express findings that such changes are reasonably necessary because of local climatic, topographical or geological conditions. C. The City shall file a copy of this ordinance with its amendments to the CBSC, together with required findings, with California Building Standards Commission. D. The Building Official has recommended amending certain building standards in the CBSC due to local conditions. E. The findings supporting the necessity for the amendments to building standards herein are contained by separate Resolution of the City Council to this Ordinance in accordance with California Health and Safety Code Sections 17958.5 and 18941.5. F. On ________________, 2025, a duly noticed public hearing was conducted to consider the adoption of this Ordinance. G. All legal prerequisites to the adoption of this Ordinance have occurred. Section 2. Section 9.60.010 of Chapter 9.60 of Title 9 of the Seal Beach Municipal Code is amended by revising only those sections of Chapter 1 of the California Building Code set forth below, to read as follows: 1 0 4 3 0 “9.60.010 CONSTRUCTION CODES AND PERMITING ADMINISTRATION 1. Subsection 105.2 amended in its entirety to read: 105.2 Work exempt from permit Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this Code, other laws, ordinances, or regulations, or required approvals from other City Departments and State and federal agencies. Building: A building permit shall not be required for the following: Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the below-exempted items. 1. Work not regulated by the Building Code, except where deemed necessary by the building official to enforce other Federal and/or State Laws, State disabled access requirements, or to enforce City ordinances or policies. 2. Painting; wallpapering; installing carpet, vinyl, tile, and similar floor coverings, cabinets, counter tops and similar finish work where disabled access requirements do not apply. 3. Repairing broken window glass not required by the Building Code to be safety or security glazing. 4. One-story detached accessory buildings used as tool and storage sheds, shade structures, pump houses, and similar uses, provided the gross floor area does not exceed 120 square feet (11.15 m 2 ), the height does not exceed 12 feet (3.69 m), and the maximum roof projection does not exceed 24 inches (610 mm). 5. Chain-link, wrought-iron and similar fences not more than 12 feet in height. 6. Masonry, concrete, wood and similar fences not more than 6 feet in height. 7. Exception: Wood fences not more than 8 feet in height with 60 percent or more of the fence open and incapable of being loaded by wind. 8. Retaining walls that retain not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding a Class I, II, or III-A liquids. 9. Ground-mounted radio and television antenna towers that do not exceed 45 feet in height and ground-supported dish antennas not exceeding 15 feet in height above finished grade in any position. 10.Light standards which do not exceed 30 feet (9,144 mm) in height. 11.Flagpoles not erected upon a building and not more than 15 feet (4,572 mm) high. 12.Tanks not storing hazardous material as defined in the Fire Code provided that: 1 0 4 3 0 12.1 Steel tanks are supported on a foundation not more than 2 feet (610 mm) above grade and the overall height to diameter or width does not exceed 1½ times the diameter. 12.2 Water tanks constructed of materials other than steel, including cisterns and rain barrels, are supported directly on grade, the overall height to diameter or width does not exceed 1½ times the diameter, and the capacity does not exceed 5000 gallons (18925 L). 13.Gantry cranes and similar equipment. 14.Motion picture, television and theater stage sets and scenery. Buildings or structures constructed as part of a set or as scenery shall not be occupied or used for any other purpose. 15.A playhouse or tree house provided that: 15.1 It does not exceed 64 square feet (5.94 m 2 ) in area nor 8 feet (2438 mm) in height from floor to roof. 15.2 The ceiling height as established by door height or plate line does not exceed 6 feet (1829 mm). 16.Canopies or awnings, completely supported by the exterior wall, attached to a Group R-3 or U Occupancy, and extending not more than 54 inches (1372 mm) from the exterior wall of the building, and not encroaching into the public right-of- way or any required fire separation distance specified by this Code. 17.Sheds, office or storage buildings, and other structures that are less than 1,500 square feet (139 m²) and incidental to work authorized by a valid grading or building permit. Such structures must be removed upon expiration of the permit or completion of the work covered by the permit. 18.Oil derricks. 19.Decks, walks and driveways not more than 30 inches (762 mm) above grade and not over any basement or story below, and which are not part of an accessible route. 20.Prefabricated swimming pools and other bodies of water accessory to a Group R-3 Occupancy that are less than 18 inches (0.46 m) deep, or do not exceed 5,000 gallons (18,927 L) and are installed entirely above adjacent grade. 21.Playground equipment. 22.One-story detached animal cages and kennels, chicken coops, and animal pens provided the gross floor area does not exceed 300 square feet (37.2 m 2 ) and the height does not exceed 6 feet (1.8 m) and at least one horizontal dimension does not exceed 12 feet (3.69 m). 23.Non-combustible livestock shelters provided that the gross floor area does not exceed 300 square feet (27.9 m 2 ), the height does not exceed 12 feet (3.69 m), and at least 3 sides are each a minimum of 65 percent open. 1 0 4 3 0 24.Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height. Electrical: An electrical permit shall not be required for the following: 25.Minor repair work, such as the replacement of lamps, switches, receptacle devices, sockets, and the like, or the connection of portable motor and appliances to suitable receptacles which have been permanently installed. 26.The wiring for temporary theater, motion picture or television stage sets. 27.Electrical wiring, devices, appliances, apparatus, or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy. 28.Low-energy power, control, and signal circuits are not an integral part of an appliance and in which the power is limited from a source having a rated output of not more than 30 volts and 1,000 volt-amperes. 29.Temporary decorative lighting. 30.The installation of temporary wiring for testing or experimental purposes within suitable facilities. 31.Replacement of over-current devices of the same type and the same rating. 32.Portable generators, portable motors, appliances, tools, power outlets, and other portable equipment connected by means of a cord or cable having an attachment plug. 33.Private telephone, intercom, sound and communication systems; provided, however, that the above system(s) do not exceed the value as indicated in (c) and (d) of this section. A permit shall be obtained for the power supplies required by the above systems. Mechanical: A mechanical permit shall not be required for the following: 34.Any portable heating appliance. 35.Any portable ventilating equipment. 36.Any portable cooling unit. 37.Any steam, hot, or chilled water piping within any heating or cooling equipment regulated by this Code. 38.Replacement of any component part or assembly of an appliance which does not alter its original approval and complies with other applicable requirements of this Code. 39.Any portable evaporative cooler. 40.Any refrigerating equipment which is a part of the equipment for which a permit has been issued pursuant to the requirements of this Code. 1 0 4 3 0 41.Any unit refrigerating system. Plumbing: A Plumbing permit shall not be required for the following: 42.Clearing of stoppages and stopping of leaks which do not involve the replacement of any plumbing (including fixtures, traps, tailpieces and valves), drainage piping, vent piping, waste piping, soil piping, water piping or gas piping. 43. (b) Change of residential plumbing fixtures which do not involve the replacement of the existing waste and vent piping excluding the trap, to include, residential toilets, residential bathroom hand sinks, bathtub and residential kitchen sinks. 44. (c) Connection of any appliance approved for and intended to be connected by flexible gas piping to a gas shutoff valve which was previously permitted and inspected under a valid Plumbing permit. 2. Subsection 105.3.2 amended in its entirety to read: 105.3.2 Expiration of Applications. A plan check application shall expire and become null and void if a permit is not issued within one (1) year from the date of application. Upon expiration, the Building Official may dispose of the submitted plans, calculations, and related documents. The Building Official may, at their discretion, grant one or more extensions of time, each not to exceed one hundred eighty (180) days, provided that: 1. The applicant submits a written request demonstrating that the delay was due to circumstances beyond the applicant’s control. 2. For extensions requested prior to expiration, the request is submitted before the expiration date. 3. For extensions requested after expiration, the request is submitted within twelve (12) months following the date of expiration. 4. An extension fee, in an amount determined by the Building Official, not to exceed twenty-five percent (25%) of the original plan check fee, is paid for each extension; and 5. The total cumulative extension period shall not exceed two (2) years from the original expiration date, with extensions issued only in increments not exceeding one hundred eighty (180) days, and a separate extension fee required for each extension granted. Any extension granted after expiration shall be deemed a continuation of the original application and shall not constitute a reissuance or a new application. Once an application, including any extension thereof, has expired without further extension, the applicant shall file a new application, submit new plans and 1 0 4 3 0 calculations, and pay all applicable fees in accordance with the codes and regulations then in effect. 3. Section 105.7 amended in its entirety to read: 105.7 Expiration of Permits. Every permit issued under the provisions of this Code shall expire by limitation and become null and void if any of the following conditions occur: 1. The work authorized by such permit is not commenced within one (1) year from the date of permit issuance; or 2. No required building inspection, as defined in this Code and as identified on the Job Record issued with the permit, is approved by the Building Official within one (1) year from the date of the last approved inspection. Partial inspections, or inspections related solely to electrical, mechanical, plumbing, grading, or reroofing, shall not constitute a required building inspection unless such work is integral to the primary building permit. Supplemental permits for electrical, grading, mechanical, plumbing, or reroofing shall remain valid so long as the associated primary building permit remains active. The Building Official may, at their discretion, grant one or more extensions of time, each not to exceed one hundred eighty (180) days, to prevent or cure the expiration of a permit, provided that: 1. The permittee submits a written request demonstrating that the delay in progress was due to circumstances beyond the permittee’s control; 2. For extensions requested prior to expiration, the request is submitted before the expiration date; 3. For extensions requested after expiration, the request is submitted within twelve (12) months following the date of expiration; and 4. An extension fee, in an amount determined by the Building Official, not to exceed twenty-five percent (25%) of the original permit fee, is paid for each extension. Multiple extensions may be granted to cover the requested period of time; however, each extension shall be issued in increments not exceeding one hundred eighty (180) days, and a separate extension fee shall apply to each extension granted. Any extension granted after expiration shall be deemed a continuation of the original permit and shall not constitute a reissuance or issuance of a new permit. If no extension is granted, the permit shall remain expired and no further work shall be performed under that permit. The permittee shall be required to submit a new permit application, including all required plans and calculations, and pay all applicable fees in accordance with the codes and regulations then in effect. 1 0 4 3 0 4. Subsection 106.2 deleted in its entirety and can be indicated as reserved. 5. A new subsection 108.8 added to read: 108.8 Valuation. The determination of value or valuation under any of the provisions of this code shall be made by the building official. Valuation shall be based on the type of construction, occupancy classification, and size of the project, and shall include all components of the permitted work, including structural elements, finishes, roofing, mechanical, electrical, plumbing, fire protection systems, and other permanently installed features or equipment. In establishing valuation, the Building Official may reference the most current Building Valuation Data (BVD) published by the International Code Council or other similar industry data sources. These references are intended to provide a consistent and uniform basis for determining construction valuation for fee assessment purposes. The calculated valuation is not required to reflect actual or reported construction costs. 6. Subsection 108.5 amended in its entirety to read: 108.5 Plan Check and Permit Fee Refunds 108.5.1 Plan Check Fee Refunds. Plan check fees may be refunded up to a maximum of eighty percent (80%) of the original plan check fee, provided that: 1. No plan review has been performed; and 2. A written request for a refund is submitted to the Building Official within one (1) year from the date of payment; and 3. The refundable amount exceeds the equivalent of the minimum permit fee, as determined by the current adopted fee schedule. The Building Official shall determine eligibility and the amount of any refund in accordance with these provisions. 108.5.2 Permit Fee Refunds. Permit fees may be refunded to a maximum of eighty percent (80%) of the original permit fee, provided that: 1. No portion of the work authorized by the permit has commenced; and 2. The permit has been cancelled; and 3. A written request for refund is submitted to the Building Official within one (1) year from the date of permit cancellation or expiration; and 4. The refundable amount exceeds the equivalent of the minimum permit fee, as determined by the current adopted fee schedule. Permit issuance fees are non-refundable. The Building Official shall determine eligibility and the amount of any refund in accordance with these provisions. 7. Subsection 110.2 amended in its entirety to read: 1 0 4 3 0 110.2 Certificate issued. Upon passing final inspection and demonstrating compliance with this Code, applicable laws, ordinances, rules, and regulations, and upon full payment of all required fees, the Building Official may issue a Certificate of Occupancy upon written request by the permit holder. The Certificate of Occupancy shall include the following information: 1. The building permit number. 2. The address of the building or structure. 3. A description of the portion of the building covered by the certificate. 4. A statement that the described portion was inspected and found to comply with applicable codes and regulations for the intended occupancy and use classification. 5. The date of final approval; and 6. Any additional information deemed necessary by the Building Official. 8. Subsection 110.3 amended in its entirety to read: 110.3 Temporary Certificate of Occupancy The Building Official may issue a Temporary Certificate of Occupancy for the use or occupancy of any portion of a building or structure prior to the completion of all permitted work, provided it is determined that no substantial hazard will result from such use or occupancy. A Temporary Certificate of Occupancy shall: 1. Specify the portion of the building or premises to be occupied. 2. Be valid for an initial period of thirty (30) calendar days; and 3. Be subject to a fee per 30-day period, as established by the adopted fee schedule. If additional time is needed, the Building Official may, upon written request and justification, approve a longer duration by allowing multiple 30-day periods to be purchased in advance. The total authorized time shall be based on project-specific conditions and shall remain at the discretion of the Building Official. Upon expiration of a Temporary Certificate of Occupancy and any approved extensions, no portion of the building or premises shall be occupied until final approval, or a Certificate of Occupancy is issued.” 9. Except as expressly amended herein, all provisions of Section 9.60.010 shall continue in full force and effect.” Section 3. Section 9.60.020.010 of Chapter 9.60 of Title 9 of the Seal Beach Municipal Code is hereby repealed provided, however that such repeal shall not affect or excuse any violation thereof occurring prior to the effective date of this Ordinance. A new Section 9.60.020.010 is hereby added to Chapter 9.60 of Title 9 of the Seal Beach Municipal Code to read as follows: “9.60.020.010 BUILDING CODE ADOPTED BY REFERENCE AND AMENDED A. CALIFORNIA BUILDING CODE ADOPTED BY REFERENCE 1 0 4 3 0 Chapters 1 through 35 and Appendices F, I, J and P of the 2025 California Building Code, Title 24 Part 2 of the California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except that those certain sections thereof which are necessary to meet local conditions as hereinafter set forth in Section 9.60.020.010.B of this Code are hereby repealed, added or amended to read as set forth therein. The administration of the Building Code shall be as set forth in Section 9.60.010 of this Code. Not less than one copy of the 2025 California Building Code, Title 24 Part 2 of the California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Building Code and may be cited as Section 9.60.020.010 of the Seal Beach Municipal Code. B. CALIFORNIA BUILDING CODE AMENDED Chapters 1 and 9 of the 2025 California Building Code, Title 24 Part 2 of the California Code of Regulations adopted by reference as the Building Code of the City of Seal Beach, are hereby amended, deleted or added as follows: 1- Chapter 1 of Division II is deleted in its entirety. 2- Chapter 9 is amended in its entirety to read: Chapter 9 FIRE PROTECTION SYSTEMS. Chapter 9 of the California Building Code is deleted in its entirety and replaced with Chapter 9 of the California Fire Code as adopted and amended by City of Seal Beach in Municipal Code Sections 9.60.020.060.A and 9.60.020.060.B.” Section 4. Section 9.60.020.020 of Chapter 9.60 of Title 9 of the Seal Beach Municipal Code is hereby repealed provided, however, that such repeal shall not affect or excuse any violation thereof occurring prior to the effective date of this Ordinance. A new Section 9.60.020.020 is hereby added to Chapter 9.60 of Title 9 of the Seal Beach Municipal Code to read as follows: “9.60.020.020 RESIDENTIAL CODE ADOPTED BY REFERENCE AND AMENDED 1 0 4 3 0 A. CALIFORNIA RESIDENTIAL CODE ADOPTED BY REFERENCE Chapters 2 through 10, Chapter 44, and Appendix J of the 2025 California Residential Code, Title 24 Part 2.5 of the California Code of Regulations, as published by the California Building Standards Commission, are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except that those certain sections thereof which are necessary to meet local conditions as hereinafter set forth in Section 9.60.020.020.B of this Code are hereby repealed, added or amended to read as set forth therein. The administration of the Residential Code shall be as set forth in Section 9.60.010 of this Code. Not less than one copy of the 2025 California Residential Code, Title 24 Part 2.5 of the California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Residential Code and may be cited as Section 9.60.020.020 of the Seal Beach Municipal Code. B. CALIFORNIA RESIDENTIAL CODE AMENDED Chapter 3 of the 2025 California Residential Code, Title 24 Part 2.5 of the California Code of Regulations adopted by reference as the Residential Code of the City of Seal Beach, is hereby amended, deleted or added as follows: 1. Section R301.1.3.2 is amended in its entirety to read: R301.1.3.2 Wood Frame Structures. The Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood frame construction more than two stories and basement in height located in Seismic Design Category A, B, or C. Notwithstanding other sections of law, the law establishing these provisions is found in Business and Professions Code Sections 5537 and 6737.1. The Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood frame construction more than one story in height or with a basement located in Seismic Design Category D0, D1, or D2 or E. 2. Section R309 Automatic Fire Sprinkler System is amended in its entirety to read: 1 0 4 3 0 R309 Automatic Fire Sprinkler System. Section 903 of Chapter 9 of the Seal Beach Fire Code (Title 9, Chapter 9.60 Section 9.60.020.060 Fire Code) is adopted by reference to be the Section R309 of the Residential Code.” Section 5. Section 9.60.020.030 of Chapter 9.60 of Title 9 of the Seal Beach Municipal Code is hereby repealed provided, however, that such repeal shall not affect or excuse any violation thereof occurring prior to the effective date of this Ordinance. A new Section 9.60.020.030 is hereby added to Chapter 9.60 of Title 9 of the Seal Beach Municipal Code to read as follows: “9.60.020.030 ELECTRICAL CODE ADOPTED BY REFERENCE A. CALIFORNIA ELECTRICAL CODE ADOPTED BY REFERENCE 89.102 through 89.114 of Article 89, Article 90, Chapters 1 through 9, and Annexes A, B, C, D, E, F, G, H, I and J of the 2025 California Electrical Code, Title 24 Part 3 of the California Code of Regulations, are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein. The administration of the Electrical Code shall be as set forth in Section 9.60.010 of this Code. Not less than one copy of the 2025 California Electrical Code, Title 24 Part 3 of the California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Electrical Code and may be cited as Section 9.60.020.030 of the Seal Beach Municipal Code.” Section 6. Section 9.60.020.040 of Chapter 9.60 of Title 9 of the Seal Beach Municipal Code is hereby repealed provided, however, that such repeal shall not affect or excuse any violation thereof occurring prior to the effective date of this Ordinance. A new Section 9.60.020.040 is hereby added to Chapter 9.60 of Title 9 of the Seal Beach Municipal Code to read as follows: “9.60.020.040 MECHANICAL CODE ADOPTED BY REFERENCE Division I Sections 1.2.0 through 1.14.0 of Chapter 1, Chapters 2 through 17 and Appendices B, C and D of the 2025 California Mechanical Code, Title 24 Part 4 of the California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the 1 0 4 3 0 provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein. The administration of the Mechanical Code shall be as set forth in Section 9.60.010 of this Code. Not less than one copy of the 2025 California Mechanical Code, Title 24 Part 4 of the California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Mechanical Code and may be cited as Section 9.60.020.040 of the Seal Beach Municipal Code.” Section 7. Section 9.60.020.050 of Chapter 9.60 of Title 9 of the Seal Beach Municipal Code is hereby repealed provided, however, that such repeal shall not affect or excuse any violation thereof occurring prior to the effective date of this Ordinance. A new Section 9.60.020.050 is hereby added to Chapter 9.60 of Title 9 of the Seal Beach Municipal Code to read as follows: “9.60.020.050 PLUMBING CODE ADOPTED BY REFERENCE Division I Sections 1.2.0 through 1.14.0 of Chapter 1, Chapters 2 through 17 and Appendices A, B, D, H, I and J of the 2025 California Plumbing Code, Title 24 Part 5 of the California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein. The administration of the Plumbing Code shall be as set forth in Section 9.60.010 of this Code. Not less than one copy of the 2025 California Plumbing Code, Title 24 Part 5 of the California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Plumbing Code and may be cited as Section 9.60.020.050 of the Seal Beach Municipal Code.” 1 0 4 3 0 Section 8. Section 9.60.020.060 of Chapter 9.60 of Title 9 of the Seal Beach Municipal Code is hereby repealed provided, however, that such repeal shall not affect or excuse any violation thereof occurring prior to the effective date of this Ordinance. A new Section 9.60.020.060 is hereby added to Chapter 9.60 of Title 9 of the Seal Beach Municipal Code to read as follows: “9.60.020.060 FIRE CODE ADOPTED BY REFERENCE AND AMENDED A. CALIFORNIA FIRE CODE ADOPTED BY REFERENCE Chapters 1 Division I and Division II, Chapters 2 through 80 and Appendices B, BB, C, CC, and H of the 2025 California Fire Code, Title 24 Part 9 of the California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except that those certain sections thereof which are necessary to meet local conditions as hereinafter set forth in Section 9.60.020.060.B of this Code are hereby repealed, added or amended to read as set forth therein. Not less than one copy of said 2025 California Fire Code, Title 24 Part 9 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Fire Code and may be cited as Section 9.60.020.060 of the Seal Beach Municipal Code. B. CALIFORNIA FIRE CODE AMENDED Chapters 1, 2, 3, 4, 5, 9, 28, 50, 56, and 80 of the 2025 California Fire Code, Title 24 Part 9 of the California Code of Regulations adopted by reference as the Fire Code of the City of Seal Beach, are hereby amended, deleted or added as follows: Chapter 1 Scope and Administration Chapter 1 SCOPE AND ADMINISTRATION is adopted in only those sections and subsections adopted by the SFM with the following amendments: Section 113.4 Violation penalties is hereby revised as follows: 113.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or shall fail to comply with 1 0 4 3 0 any issued orders or notices or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be subject to penalties assessed as prescribed in the OCFA Prevention Field Services adopted fee schedule. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 113.4.2 Infraction and misdemeanor is hereby added as follows: 113.4.2 Infraction and misdemeanor. Persons operating or maintaining any occupancy, premises or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction. Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the chief or a duly authorized representative are guilty of a misdemeanor. Chapter 2 Definitions Chapter 2 DEFINITIONS is adopted in its entirety as amended by the SFM with the following amendments: Sections 202 GENERAL DEFINITIONS is hereby revised by adding “OCFA” and “Spark Arrester” as follows: OCFA: Orange County Fire Authority, authority having jurisdiction. SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions: 1. Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366. 2. Fireplaces that burn solid fuel in accordance with California Building Code Chapter 28. Chapter 3 General Requirements Chapter 3 GENERAL REQUIREMENTS is adopted in only those sections and subsections adopted by the SFM with the following amendments: Section 304.1.3 Vegetation is hereby revised as follows: 1 0 4 3 0 304.1.3 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirement in urban-wildland interface areas shall be in accordance with Part 7, the California Wildland-Urban Interface Code. Type, amount, arrangement, and maintenance of vegetation in a fuel modification area, interior slope, or similarly hazardous area shall be in accordance with OCFA Guideline C-05 “Vegetation Management Guideline: Technical Design for New Construction, Fuel Modification Plans, and Maintenance Program.” Section 305.6 Hazardous conditions is hereby added as follows: 305.6 Hazardous conditions. Outdoor fires burning wood or other solid fuel are not allowed when any of the following conditions applies: 1. When predicted sustained winds exceed 8 MPH and relative humidity is less than 25%, or a red flag condition has been declared. 2. When an official sign was caused to be posted by the fire code official, or a public announcement is made. No outdoor fires using any fuel type are permitted when predicted sustained winds exceed 20 MPH or when such fires present a hazard as determined by the fire code official. Section 305.7 Disposal of rubbish is hereby added as follows: 305.7 Disposal of rubbish. Rubbish, trash or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 307.2.1. SECTION 307 OPEN BURNING, RECREATIONAL FIRES AND PORTABLE OUTDOOR FIREPLACES is hereby revised as follows: SECTION 307 OPEN BURNING, RECREATIONAL FIRES, FIRE PITS, FIRE RINGS, AND PORTABLE OUTDOOR FIREPLACES Sections 307.6 Outdoor fireplaces, fire pits, fire rings, or similar devices used at Group R occupancies is hereby added as follows: 307.6 Outdoor fireplaces, fire pits, fire rings, or similar devices used at Group R occupancies. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at Group R occupancies shall comply with this section. Exception: Barbeques, grills, and other portable devices intended solely for cooking. 1 0 4 3 0 Section 307.6.1 Gas-fueled devices is hereby added as follows: 307.6.1 Gas-fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction and vegetation shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the minimum distance shall be ten feet. Where a permanent Building Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester as defined in Section 202. Section 307.6.2 Devices using wood or fuels other than natural gas or liquefied- petroleum gas is hereby added as follows: 307.6.2 Devices using wood or fuels other than natural gas or liquefied- petroleum gas. Permanent outdoor fireplaces burning wood or other solid fuel shall be constructed in accordance with the California Building Code with clearance from combustible construction and building openings as required therein. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks. The burning of wood or other solid fuel in a device is not allowed within 25 feet of combustible structures unless within an approved permanent fireplace. Conditions which could cause a fire to spread within 25 feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in devices burning wood or solid fuel shall be in accordance with Sections 305, 307, and 308. Exceptions: 1.Portable fireplaces and fire rings/pits equipped with a device to arrest sparks shall be located at least 3 feet from combustible construction at R-3 occupancies, 2.Portable fireplaces, and fire pits/rings equipped with a device to arrest sparks, shall be located at least 15 feet from combustible structures at other R occupancies. Section 307.6.2.1 Where prohibited is hereby added as follows: 307.6.2.1 Where prohibited. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone, Wildfire Risk Area (WRA), Wildland- Urban Interface Area (WUI), or in locations where conditions could cause the spread of fire to the WRA or WUI. 1 0 4 3 0 Exceptions: 1. Permanent fireplaces that are not located in a fuel modification zone. 2. Where determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire. SECTION 324 FUEL MODIFICATION REQUIREMENTS FOR NEW CONSTRUCTION is hereby added as follows: SECTION 324 FUEL MODIFICATION REQUIREMENTS FOR NEW CONSTRUCTION 324.1 Fuel Modification Requirements For New Construction. All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of OCFA Guideline C-05 “Vegetation Management Guideline: Technical Design for New Construction Fuel Modification Plans and Maintenance Program.” SECTION 325 CLEARANCE OF BRUSH OR VEGETATION GROWTH FROM ROADWAYS is hereby added as follows: SECTION 325 CLEARANCE OF BRUSH OR VEGETATION GROWTH FROM ROADWAYS 325.1 Clearance of brush or vegetation growth from roadways. The fire code official is authorized to cause areas within 10 feet (3048 mm) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth. Measurement shall be from the flow-line or the end of the improved edge of the roadway surfaces. Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire. SECTION 326 UNUSUAL CIRCUMSTANCES is hereby added as follows: SECTION 326 UNUSUAL CIRCUMSTANCES 326.1 Unusual circumstances. The fire code official may suspend enforcement of the vegetation management requirements and require reasonable alternative measures designed to advance the purpose of this code if determined that in any specific case that any of the following conditions exist: 1. Difficult terrain. 2. Danger of erosion. 1 0 4 3 0 3. Presence of plants included in any state and federal resources agencies, California Native Plant Society and county-approved list of wildlife, plants, rare, endangered and/or threatened species. 4. Stands or groves of trees or heritage trees. 5. Other unusual circumstances that make strict compliance with the clearance of vegetation provisions undesirable or impractical. SECTION 327 USE OF EQUIPMENT is hereby added as follows: SECTION 327 USE OF EQUIPMENT 327.1 Use of equipment. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester as defined in Section 202 maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire. Exceptions: 1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California. 2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition. Section 327.2 Use of equipment and devices generating heat, sparks or open flames is hereby added as follows: 327.2 Equipment and devices generating heat, sparks or open flames. During any time of the year within Wildfire Risk Areas, within or immediately adjacent to any forest- or brush-covered land or non-irrigated grass-covered land, no person shall use or operate any welding equipment, cutting torches, tar pots, grinding devices, or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following: 1. First clearing away all flammable material, including snags, from the area around such operation for a distance of 30 feet or other approved method to reduce fire spread into the wildlands. If a 30-foot clearing cannot be achieved, then an alternate method shall be approved by the AHJ prior to work starting. 2. Maintain one serviceable round point shovel with an overall length of not less than forty-six (46) inches and one backpack pump water-type fire extinguisher fully equipped and ready for use at the immediate area during the operation. 1 0 4 3 0 3. Stop work when winds are 8 MPH or greater during periods when relative humidity is less than 25%, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the fire code official, or when such fires present a hazard as determined by the fire code official. 4. Keep a cell phone nearby and call 911 immediately in case of fire. Section 327.3 Spark arresters is hereby added as follows: 327.3 Spark arresters. Spark arresters shall comply with Section 202, and when affixed to the exhaust system of engines or vehicles subject to Section 327 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material. Chapter 4 Emergency Planning and Preparedness Chapter 4 EMERGENCY PLANNING AND PREPAREDNESS is adopted in only those sections and subsections adopted by the SFM with the following amendment: Section 407.5 is hereby revised as follows: 407.5 Hazardous Materials Inventory Statement. Where required by the fire code official, each application for a permit shall follow OCFA Guideline G-04 “Completion of the Chemical Classification” in accordance with Section 5001.5.2. Chapter 5 Fire Service Features Chapter 5 FIRE SERVICE FEATURES is adopted in its entirety as amended by the SFM with the following amendments: SECTION 501.1 Scope is hereby revised as follows: 501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter and, where required by the fire code official, with OCFA Guideline B-01 “Fire Master Plans for Commercial & Residential Development.” Section 510.1 Emergency responder communications enhancement systems in new buildings is hereby deleted and replaced as follows: 510.1 Emergency responder radio coverage in new buildings. All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This 1 0 4 3 0 section shall not require improvement of the existing public safety communication systems. The Emergency Responder Radio Coverage System shall comply with the requirements of the Orange County Sheriff’s Department, Communications and Technology Division, and where the functionality of performance requirements in the California Fire Code are more stringent, this code. Exceptions: 1. In buildings or structures where it is determined by the fire code official that the radio coverage system is not needed, including but not limited to the following: 1.1. Existing buildings or structures, unless required by the Building Official and OCFA for buildings and structures undergoing extensive remodel and/or expansion. 1.2. Elevators. 1.3. Structures that meet all of the following: i. Three stories or less, and ii. Do not have subterranean storage or parking, and iii. Do not exceed 50,000 square feet on any single story. 1.4. Structures that meet all of the following: i. Residential structures four stories or less, and ii. Constructed of wood, and iii. Do not have subterranean storage or parking, and iv. Are not built integral to an above ground multi-story parking structure. Should a structure that is three stories or less and 50,000 square feet or smaller on any single story include subterranean storage or parking, then this ordinance shall apply only to the subterranean areas. 2. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of the facility, the fire code official shall have the authority to accept an automatically activated emergency radio coverage system. Chapter 9 Fire Protection and Life Safety Systems Chapter 9 FIRE PROTECTION AND LIFE SAFETY SYSTEMS is adopted in its entirety as amended by the SFM with the following amendments: Section 903.2 Where required is hereby revised as follows: 903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided when one of the following conditions exists: 1 0 4 3 0 1.New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.21, an automatic sprinkler system shall also be installed in all occupancies when the total building area exceeds 5,000 square feet as defined in Section 202, regardless of fire areas or allowable area, or is more than two stories in height. Exception: Subject to approval by the Fire Code Official, open parking garages in accordance with Section 406.5 of the California Building Code that are smaller than the area specified in section 903.2.10 (3) or 903.2.10.1 of the California Fire Code. 2.Existing Buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and one of the following conditions exists: 2.1. When an addition exceeds 2000 square feet, and the resulting building area exceeds 5000 square feet. Exception: Additions to Group R-3 occupancies shall comply with Section 903.2.8 (2). Section 903.2.8 Group R is hereby revised as follows: 903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows: 1.New Buildings: An automatic sprinkler system shall be installed throughout all new buildings, including attached garages. 2.Existing R-3 Buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists: 2.1. All existing Group R occupancies and U garages when the total area is increased by 750 square feet or more. 2.2. An automatic sprinkler system shall be installed throughout any existing Group R Occupancy building when the floor area of the alteration or combination of an addition and alteration, is 50% or more of an area/value of the existing structure and where the scope of the work exposes building framing and facilitates sprinkler installation and is such that the Building/Fire Code Official determines that the complexity of installing a sprinkler system would be similar as in a new building. 2.3. Any addition to an existing building which has fire sprinklers installed. The exceptions in this section remain unchanged. Section 903.3.5.3 Hydraulically calculated systems is hereby added as follows: 1 0 4 3 0 903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated sprinkler systems shall not exceed 90% of the water supply capacity. Exception: When static pressure exceeds 100 psi, and when required by the fire code official, the sprinkler system shall not exceed the water supply capacity specified by Table 903.3.5.3. Chapter 28 Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities Chapter 28 LUMBER YARDS AND AGRO-INDUSTRIAL, SOLID BIOMASS AND WOODWORKING FACILITIES is adopted in its entirety with the following amendments: Section 2801.2 Permit is hereby revised as follows: 2801.2 Permit. Permits shall be required as set forth in Section 105.5. and 105.5.31. Section 2808.2 Storage site is hereby revised as follows: 2808.2 Storage site. Storage sites shall be level and on solid ground, elevated soil lifts or other all-weather surface. Sites shall be thoroughly cleaned, and approval obtained from the fire code official before transferring products to the site. 90100 110 120 130 140 150 PSI 85 80 75 Design % TABLE 903.3.5.3 Hydraulically Calculated Systems 1 0 4 3 0 Section 2808.3 Size of piles is hereby revised as follows: 2808.3 Size of piles. Piles shall not exceed 15 feet in height, 50 feet in width and 100 feet in length. Exception: The fire code official is authorized to allow the pile size to be increased where a fire protection plan is provided for approval that includes, but is not limited to, the following: 1. Storage yard areas and materials-handling equipment selection, design and arrangement shall be based upon sound fire prevention and protection principles. 2. Factors that lead to spontaneous heating shall be identified in the plan, and control of the various factors shall be identified and implemented, including provisions for monitoring the internal condition of the pile. 3. The plan shall include means for early fire detection and reporting to the public fire department; and facilities needed by the fire department for fire extinguishment including a water supply and fire hydrants. 4. Fire apparatus access roads around the piles and access roads to the top of the piles shall be established, identified, and maintained. 5. Regular yard inspections by trained personnel shall be included as part of an effective fire prevention maintenance program. Additional fire protection called for in the plan shall be provided and shall be installed in accordance with this code. The increase of the pile size shall be based upon the capabilities of the installed fire protection system and features. Section 2808.3.1 Increase in pile or stack size is hereby deleted in its entirety. Section 2808.4 Pile separation is hereby revised as follows: 2808.4. Pile separation. Piles shall be separated from adjacent piles by a minimum distance of 20 feet. Additionally, piles shall have a minimum separation of 100 feet from combustible vegetation. Section 2808.7 Pile fire protection is hereby revised as follows: 2808.7 Pile fire protection. Automatic sprinkler protection shall be provided in conveyor tunnels and combustible enclosures that pass under a pile. Combustible conveyor systems and enclosed conveyor systems shall be equipped with an approved automatic sprinkler system. Oscillating sprinklers with a sufficient projectile reach are required to maintain a 40% to 60% moisture content and wet down burning/smoldering areas. Section 2808.9 Material-handling equipment is hereby revised as follows: 1 0 4 3 0 2808.9 Material-handling equipment. All material-handling equipment operated by an internal combustion engine shall be provided and maintained with an approved spark arrester. Approved material-handling equipment shall be available for moving wood chips, hogged material, wood fines and raw product during fire- fighting operations. Section 2808.11 Temperature control is hereby added as follows: 2808.11 Temperature control. The temperature shall be monitored and maintained as specified in Sections 2808.11.1 and 2808.11.2. Section 2808.11.1 Pile temperature control is hereby added as follows: 2808.11.1 Pile temperature control. Piles shall be rotated when internal temperature readings are in excess of 165 degrees Fahrenheit. Section 2808.11.2 New material temperature control is hereby added as follows: 2808.11.2 New material temperature control. New loads delivered to the facility shall be inspected and tested at the facility entry prior to taking delivery. Material with temperature exceeding 165 degrees Fahrenheit shall not be accepted on the site. New loads shall comply with the requirements of this chapter and be monitored to verify that the temperature remains stable. Section 2808.12 Water availability is hereby added as follows: 2808.12 Water availability. Facilities with over 2500 cubic feet shall provide a water supply. The minimum fire flow shall be no less than 500 GPM @ 20 psi for a minimum of 1 hour duration for pile heights up to 6 feet and 2-hour duration for pile heights over 6 feet. If there is no water purveyor, an alternate water supply with storage tank(s) shall be provided for fire suppression. The water supply tank(s) shall provide a minimum capacity of 2500 gallons per pile (maximum 30,000 gallons) for piles not exceeding 6 feet in height and 5000 gallons per pile (maximum 60,000) for piles exceeding 6 feet in height. Water tank(s) shall not be used for any other purpose unless the required fire flow is left in reserve within the tank at all times. An approved method shall be provided to maintain the required amount of water within the tank(s). Section 2808.13 Tipping areas is hereby added as follows: 2808.13 Tipping areas shall comply with the following: 1. Tipping areas shall not exceed a maximum area of 50 feet by 50 feet. 2. Material within a tipping area shall not exceed 5 feet in height at any time. 3. Tipping areas shall be separated from all piles by a 20-foot-wide fire access lane. 1 0 4 3 0 4. A fire hydrant or approved fire water supply outlet shall be located within 150 feet of all points along the perimeter of the tipping area. 5. All material within a tipping area shall be processed within 5 days of receipt. Section 2808.14 Emergency contact is hereby added as follows: 2808.14 Emergency contact. The contact information of a responsible person or persons shall be provided to the Fire Department and shall be posted at the entrance to the facility for responding units. The responsible party should be available to respond to the business in an emergency situation. Section 2808.15 Maximum grid of piles and rows is hereby added as follows: 2808.15 Maximum grid of piles and rows. Rows of Piles shall not exceed 500 feet by 500 feet. Grids shall be separated by a minimum 50-foot clear space used for no other purpose. 2808.16 Push-out / clear area is hereby added as follows: 2808.16 Push-out / clear area. Piles exceeding 20 cubic yards shall be provided with push-out areas. Push-out areas shall be maintained clear at all times to allow for the largest pile to be spread out to a depth of 2 feet in height. Push-out areas shall be located within 250 feet of all edges of any pile and shall be located a minimum of 20 feet from any building. Chapter 50 Hazardous Materials – General Provisions Chapter 50 HAZARDOUS MATERIALS – GENERAL PROVISIONS is adopted in its entirety as amended by the SFM with the following amendments: Section 5001.5.2 Hazardous Materials Inventory Statement (HMIS) is hereby revised as follows: 5001.5.2 Hazardous Materials Inventory Statement (HMIS). Where required by the fire code official, an application for a permit shall follow OCFA Guideline G-04 “Completion of the Chemical Classification”, which shall be completed and approved prior to approval of plans, and/or the storage, use or handling of chemicals on the premises. Section 5003.1.1.1 Extremely hazardous substances is hereby added as follows: 5003.1.1.1 Extremely hazardous substances. No person shall use or store any amount of extremely hazardous substances (EHS) in excess of the disclosable 1 0 4 3 0 amounts (see Health and Safety Code Section 25500 et al) in a residential zoned or any residentially developed property. Chapter 56 Explosives and Fireworks Chapter 56 EXPLOSIVES AND FIREWORKS is adopted in its entirety as amended by the SFM with the following amendments: Section 5608.2 Firing is hereby added as follows: 5608.2 Firing. All fireworks display, regardless of mortar, device, or shell size, shall be electrically fired. Section 5608.3 Application for permit is hereby added as follows: Section 5608.3 Application for permit. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the fallout area based on 100 feet per inch of shell size, the location of all buildings, roads, and other means of transportation, the lines behind which the audience will be restrained, the location of all nearby trees, telegraph or telephone line, or other overhead obstructions shall be provided to OCFA. Chapter 80 Referenced Standards Chapter 80 REFERENCED STANDARDS is adopted in its entirety as amended by the SFM with the following amendments: NFPA 13, 2025 Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows: Section 9.2.1.7 is hereby revised as follows: 9.2.1.7 Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by the fire code official. Section 9.4.3.1 is hereby revised as follows: 9.4.3.1 When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quick-response type shall be used. Use is considered undetermined if a specific 1 0 4 3 0 tenant/occupant is not identified at the time the fire sprinkler plan is submitted. Sprinklers in light hazard occupancies shall be one of the following: (1) Quick-response type as defined in 3.3.223.4.16 (2) Residential sprinklers in accordance with the requirements of Chapter 12 (3) Quick-response CMSA sprinklers (4) ESFR sprinklers (5) Standard-response sprinklers used for modifications or additions to existing light hazard systems equipped with standard-response sprinklers. (6) Standard-response sprinklers used where individual standard-response sprinklers are replaced in existing light hazard systems Section 16.12.3.3 is hereby revised as follows: 16.12.3.3 Fire department connections (FDC) shall be of an approved type. The location shall be approved and be no more than 150 feet from a public hydrant. The FDC may be located within 150 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of 2½” inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red or as approved. When the fire sprinkler density design requires more than 500 gpm (including inside hose stream demand), or a standpipe system is included, four 2½” inlets shall be provided. NFPA 13D 2025 Edition, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes is hereby amended as follows: Section 7.1.2 is hereby revised as follows: 7.1.2 The sprinkler system piping shall not have separate control valves installed unless supervised by a central station, proprietary, or remote station alarm service. NFPA 24, 2025 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is hereby amended as follows: Section 6.2.8.1 is hereby added as follows: 6.2.8.1 All indicating valves controlling fire suppression water supplies shall be painted OSHA red. Exceptions: (1) Brass or bronze valves on sprinkler risers mounted to the exterior of the building may be left unpainted. 1 0 4 3 0 (2) Where OS&Y valves on the detector check assembly are the only control valves, at least one OS&Y valve shall be painted red. Section 6.2.9 is hereby revised as follows: All connections to private fire service mains for fire protection systems shall be arranged in accordance with one of the following so that they can be isolated: (1)A post indicator valve installed not less than 40 ft (12 m) from the building (a)For buildings less than 40 ft (12 m) in height, a post indicator valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the post indicator valve. (b)Post indicating valves shall be allowed to be closer than 40 ft (12 m) to the building when a property line or other physical barriers make it impossible to have a post indicating valve 40 ft (12m) away. (c)Post indicating valves shall be allowed to be closer than 40 ft (12 m) to the building when building driveway or fire access roadways or other building traffic make it impractical to be 40 ft (12 m). (2) A wall post indicator valve on risers located within the building, either a nonrising stem gate valve with a wall post indicator or a listed butterfly valve with an indicating handle extending out through the building wall. (3) A backflow preventer with at least one indicating valve not less than 40 ft (12 m) from the building (a)For buildings less than 40 ft (12 m) in height, a backflow preventer with at least one indicating valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the backflow preventer. (b)Backflow preventer valves shall be allowed to be closer than 40 ft (12 m) to the building when a property line or other physical barriers make it impossible to have a backflow preventer valve 40 ft (12 m) away. (c)Backflow preventer valves shall be allowed to be closer than 40 ft (12 m) to the building when building driveway or fire access roadways or other building traffic make it impractical to be 40 ft (12 m). (4) Indicating control valves installed in a fire-rated room accessible from the exterior (5) Indicating control valves in a fire-rated stair enclosure accessible from the exterior as permitted by the AHJ (6) Any other valve type or location as permitted by the AHJ 1 0 4 3 0 Section 10.1.5 is hereby added as follows: 10.1.5 All ferrous pipe and joints shall be polyethylene encased per AWWA C150, Method A, B, or C. All fittings shall be protected with a loose 8-mil polyethylene tube or sheet. The ends of the tube or sheet shall extend past the joint by a minimum of 12 inches and be sealed with 2-inch-wide tape approved for underground use. Galvanizing does not meet the requirements of this section. Exception: 304 or 316 Stainless Steel pipe and fittings Section 10.4.1.1 is hereby revised as follows: 10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt, bituminous, or other corrosion-retarding material after installation. Exception: Bolted joint accessories made from 304 or 316 stainless steel. Section 10.4.1.1.1 is hereby added as follows: 10.4.1.1.1 All bolts used in pipe-joint assembly shall be 316 stainless steel. Section 10.4.3.2 is hereby deleted and replaced as follows: 10.4.3.2 Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.4.3.2.1 through 10.4.3.2.4.” Section 9. Section 9.60.020 of Chapter 9.60 of Title 9 of the Seal Beach Municipal Code is hereby amended by adding a new Section 9.60.020.070 to read as follows: “9.60.020.070 EFFECT OF ADOPTION The adoption of the City Building, Residential, Electrical, Mechanical, Plumbing, Fire Code and the repeal, addition or amendment of ordinances by this code shall not affect the following matters: (A) Actions and proceedings which began the effective date of this code. (B) Prosecution for ordinance violations committed before the effective date of this code. (C) Licenses and penalties due and unpaid at the effective date of this code, and the collection of these licenses and penalties. (D) Bonds and cash deposits required to be posted, filed or deposited pursuant to any ordinance. 1 0 4 3 0 (E) Matters of record which refer to or are connected with ordinances the substances of which are included in this code; these references shall be construed to apply to the corresponding provisions of the code.” Section 10. Section 9.60.020 of Chapter 9.60 of Title 9 of the Seal Beach Municipal Code is hereby amended by adding a new Section 9.60.020.080 to read as follows: “9.60.020.080 PENALTY; VIOLATIONS (A) General penalty; continuing violations. Every act prohibited or declared unlawful and every failure to perform an act required by this code is a misdemeanor or an infraction as set forth in the said respective pertinent sections of this code and any person causing or permitting a violation of any such section of said code shall be subject to the penalties ascribed to each such section as set forth herein. (B) Violations including aiding, abetting, and concealing. Every person who causes, aids, abets or conceals the fact of a violation of this code is guilty of violating this code. (C) Enforcement by civil action. In addition to the penalties provided herein, the said code may be enforced by civil action. Any condition existing in violation of this code is a public nuisance and may be summarily abated by the city.” Section 11. CEQA. The City Council finds that it can be seen with certainty that there is no possibility the adoption of this Ordinance may have a significant effect on the environment because the Ordinance provides for greater environmental protection by adopting and amending building standards and administrative provisions designed to provide for greater energy efficiency, construction sustainability, and protection from seismic and climatic forces, including fire-related dangers. Therefore, it is exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(b)(3), of the California Code of Regulations (CEQA Guidelines). Section 12. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held out to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council of the City of Seal Beach hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsection, sentence clause, phrases or portions be declared valid or unconstitutionally. Section 13. CONTINUITY. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Seal Beach Municipal Code, these provisions will be construed as continuations of those provisions and not as amendments of the earlier provisions. Section 14. INTENT TO COMPLY WITH LAWS. The City Council intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance will be construed in light of that intent. 1 0 4 3 0 Section 15. PUBLICATION. The City Clerk is directed to cause this ordinance to be published in the manner required by law. Section 16. EFFECTIVE DATE. This Ordinance will take effect on January 1st, 2026. INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on the 22nd day of September 2025. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of October 2025. AYES: Council Members _______________________________________ NOES: Council Members _______________________________________ ABSENT: Council Members _______________________________________ ABSTAIN: Council Members _______________________________________ __________________________ Lisa Landau, Mayor ATTEST: ___________________________ Gloria D. Harper, City Clerk APPROVED AS TO FORM: _________________________ Nicholas Ghirelli, City Attorney 1 0 4 3 0 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting of the City Council of the City of Seal Beach held on the 22nd day of September, 2025, and was passed, approved, and adopted by the City Council at a regular meeting on the ____ day of ____, 2025. ___________________________ Gloria D. Harper, City Clerk 1 0 4 3 0 2025 CALIFORNIA BUILDING AND RESIDENTIAL CODE AMENDMENT FINDINGS LEGEND 2025 CALIFORNIA FIRE CODE AMENDMENT FINDINGS LEGEND CODE SECTION TITLE (Clarification)FINDINGS Chapter 1 Division II Administrative Chapter 9 Fire Protection and Life Safety Systems I, II & III and Code correlation with Fire Code amendments R301.1.3.2 Wood Frame Structures II & III R309 Automatic Fire Sprinkler System I, II & III and Code correlation with Fire Code amendments CODE SECTION TITLE (Clarification)FINDINGS 113.4 Violation penalties Administrative 113.4.2 Infraction and misdemeanor Administrative 202 General definitions Administrative 304.1.3 OCFA vegetation management I 305.6 Hazardous conditions (outdoor fires)I & II 305.7 Disposal of rubbish I & II 307 Open burning, recreational fires, fire pits, fire rings, and outdoor fireplaces Administrative 307.6 Outdoor fireplaces, fire pits, fire rings Administrative 307.6.1 Gas-fueled devices (outdoor fires)I & II 307.6.2 Devices using wood or fuels other than natural gas or LPG I & II 307.6.2.1 Where prohibited (burning of solid fuels)I & II 324 Fuel modification requirements for new construction I 325 Clearance of brush or vegetation growth from roadways I 326 Unusual circumstances (vegetation management)Administrative 327 Use of equipment (IC engines and spark arresters)I 327.2 Use of equipment and devices generating heat, sparks or open flames I 327.3 Spark arresters I 407.5 Hazardous material inventory statement I & II 501.1 Scope (fire service features)Administrative, I, II & III 1 0 4 3 0 AB 130 Finding Amendments to building standards affecting residential uses contained in Ordinance 1719, are changes or modifications substantially equivalent to existing changes or modifications that were previously filed by the City of Seal Beach and were in effect as of September 30, 2025. See Health and Safety Code Sections 17958.5 and 18941.5. 510.1 Emergency responder radio coverage Administrative 903.2 Where required (sprinklers)I, II & III 903.2.8 Group R (sprinklers)I, II & III 903.3.5.3 Hydraulically calculated systems I, II & III 2801.2 Permit (biomass storage and handling)Administrative 2808.2 Storage site Administrative 2808.3 Size of piles I 2808.4 Pile separation I 2808.7 Pile fire protection I 2808.9 Material-handling equipment I 2808.11 Temperature control I 2808.11.1 Pile temperature control I 2808.11.2 New material temperature control I 2808.12 Water availability (for piles)I 2808.13 Tipping area I 2808.14 Emergency contact information Administrative 2808.15 Maximum grid of piles and rows Administrative, I 2808.16 Push-out / clear area Administrative, I 5001.5.2 Hazardous materials inventory statement Administrative 5003.1.1.1 Extremely hazardous substances I, II & III 5608.2 Firing (commercial fireworks)Administrative 5608.3 Application for permit (commercial fireworks)Administrative Chapter 80 Reference Standards N/A 2025 NFPA 13 (commercial sprinkler systems)Administrative, II & III 2025 NFPA 13D (single family sprinkler systems)I & II 2025 NFPA 24 (underground water supply systems)Administrative & III Agenda Item J AGENDA STAFF REPORT DATE:September 22, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Rejecting All Bids for the Lampson Well Treatment System Project, CIP WT1902, Providing Direction to Staff on Rebidding the Project, and Deferring Action of Related Items ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7697: 1. Rejecting all bids received for the Lampson Well Treatment System Project, CIP WT1902; and, 2. Providing direction on reevaluating project parameters, including contract documents, delivery schedule and cost impacts, prior to rebidding; and, 3. Deferring consideration of approving Amendment 3 to the Professional Services Agreement with Pacific Advanced Civil Engineering, Inc. for Engineering Services for the Project; and, 4. Deferring consideration of approving a Professional Services Agreement with Butier Engineering, Inc. for Construction Management and Inspection Services for the Project; and, 5. Deferring consideration of approving a new Orange County Water District Producer Well Construction Loan Agreement; and, 6. Deferring consideration of approving Budget Amendment BA #26-03-03. BACKGROUND AND ANALYSIS: Rejection of All Bids On June 3, 2025, the City solicited public bids for the Lampson Well Treatment System (Project), CIP WT1902, and subsequently issued three (3) official addenda. The original Notice Inviting Bids, Instructions to Bidders and Bid Page 2 2 1 5 9 Specifications, Addendum No. 1, Addendum No. 2 and Addendum No. 3 (collectively “Bid Documents”) may be reviewed in the Public Works Department and are not included with this staff report due to their length. Copies of Addendum No. 1 and Addendum No. 2 are also included with this staff report (Attachments H and I). On July 16, 2025, the City Clerk’s office received six (6) bids with the following base bid results: Rank Contractor Total Base Bid Low*RE Chaffee Construction, Inc. (Chaffee) $5,421,340.00 2 Covenant Technical Solutions, Inc. (CTS) $5,649,257.00 3**Metro Builders & Engineering Group, Ltd. (Metro Builders) $7,722,445.00 4 MMC, Inc. $8,147,500.00 5 R C Foster Corporation $8,541,450.00 6***Environmental Construction, Inc. $9,409,152.00 *Staff recommends City Council find the Chaffee bid as non-responsive. **Metro Builders’ bid listed a base bid of $7,722,445.00, but their actual total base bid is $7,732,445.00. The discrepancy appears to be an error in totaling the individual bid line items. ***Environmental Construction, Inc.’s bid listed a base bid of $9,494,072, but their actual total base bid is $9,409,152. The discrepancy is due to an error in totaling the individual bid line items. On September 8, 2025, staff recommended that the City Council find that the Chaffee bid was non-responsive, and award the construction contract to CTS. At that meeting, the City Council continued the item and directed staff to contact and request CTS to extend their bid pricing beyond the original 60-day validity period. While CTS expressed a willingness to honor their bid pricing, they informed staff that their suppliers were unable to extend pricing commitments due to current market volatility and tariffs affecting material costs. Consequently, the bid validity period formally expired on September 14, 2025. Staff recommends that the City Council reject all bids in accordance with Section 1010 of the Seal Beach Charter, which provides that the legislative body may reject any bids presented and re-advertise a project at its discretion. Bid Reevaluation Throughout the design process, staff worked with Pacific Advanced Civil Engineering, Inc. (PACE)—the Project’s design engineer—to conduct value engineering exercises aimed at identifying cost-effective solutions. Despite these efforts, the bids received exceeded the original engineer’s cost estimate. Given this, one option is to engage a third party, such as the proposed construction management firm, to work alongside PACE to explore alternative design solutions Page 3 2 1 5 9 that maintain the Project’s quality while addressing current market challenges, fluctuating material costs, and tariffs. Staff requests City Council’s direction on how to proceed with reevaluating and restructuring the contract documents, delivery schedule, and cost implications, while ensuring the Project’s quality remains uncompromised. Lampson Well Treatment System, Engineering Services - Pacific Advanced Civil Engineering, Inc. On September 8, 2025, staff recommended approval of Amendment 3 to the Professional Services Agreement (PSA) with PACE, which proposed an increase in compensation by $144,870, resulting in a revised not-to-exceed amount of $586,475, and an extension of the agreement term through June 30, 2028. At that meeting, the City Council chose to continue the item for further consideration. Staff recommends deferral of approval of Amendment 3 pending City Council direction on how to proceed with the Project. Lampson Well Treatment System, Construction Management & Inspection Services - Butier Engineering, Inc. (Butier) At the same meeting, staff recommended approval of a PSA with Butier for Construction Management and Inspection Services in the amount of $494,722, and authorization for the City Manager to approve additional construction management services up to $50,000 in connection with the Project. Staff’s recommendation is on hold until City Council selects the preferred path forward. Orange County Water District (OCWD) Producer Well Construction Loan On September 8, 2025, City Council directed staff to proceed with a new OCWD loan agreement reflecting the new anticipated loan amount of $7 million. Due to CTS’s inability to extend their bid pricing beyond the September 14, 2025, expiration date, the loan request has been delayed until Project costs and funding requirements are finalized. ENVIRONMENTAL IMPACT: Approval of a resolution rejecting bids is not a “project” within the meaning of California Environmental Quality Act (“CEQA”) pursuant to Section 15378(b)(4) of the state CEQA Guidelines because it can be seen with certainty that the rejecting all bids will not have a significant effect on the environment. Page 4 2 1 5 9 LEGAL ANALYSIS: The City Attorney has reviewed and approved the resolution as to form. FINANCIAL IMPACT: Funding has been allocated for the Lampson Well Treatment System (CIP WT1902) in the FY 2025-2026 Capital Improvement Program budget. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7697: 1. Rejecting all bids received for the Lampson Well Treatment System Project, CIP WT1902; and, 2. Providing direction on reevaluating project parameters, including contract documents, delivery schedule and cost impacts, prior to rebidding; and, 3. Deferring consideration of approving Amendment 3 to the Professional Services Agreement with Pacific Advanced Civil Engineering, Inc. for Engineering Services for the Project; and, 4. Deferring consideration of approving a Professional Services Agreement with Butier Engineering, Inc. for Construction Management and Inspection Services for the Project; and, 5. Deferring consideration of approving a new Orange County Water District Producer Well Construction Loan Agreement; and, 6. Deferring consideration of approving Budget Amendment BA #26-03-03. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Patrick Gallegos Iris Lee, Director of Public Works Patrick Gallegos, City Manager Prepared by: Kathryne Cho, Deputy Director of Public Works/City Engineer Page 5 2 1 5 9 ATTACHMENTS: A. Resolution 7697 B. Public Works Agreement with Covenant Technical Solutions, Inc. C. RE Chaffee Construction, Inc. Bid Proposal D. Covenant Technical Solutions, Inc. Bid Proposal E. Metro Builders & Engineers Group, Ltd. Bid Protest dated July 22, 2025 F. RE Chaffee Construction, Inc. Response to Bid Protest, dated August 25, 2025 G. Covenant Technical Solutions, Inc. Response to Bid Protest dated August 29, 2025 (with enclosures). H. Addendum No. 1 dated June 16, 2025, from Bid Documents I. Addendum No. 2 dated June 26, 2025, from Bid Documents J. Amendment 3 to PSA with Pacific Advanced Civil Engineer, Inc. K. Amendment 2 to PSA with Pacific Advanced Civil Engineer, Inc. L. Amendment 1 to PSA with Pacific Advanced Civil Engineer, Inc. M. Professional Services Agreement with Pacific Advanced Civil Engineer, Inc. N. Professional Services Agreement with Butier Engineering, Inc. O. OCWD Producer Well Construction Loan Agreement, dated February 19, 2025 RESOLUTION 7697 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL REJECTING ALL BIDS FOR THE LAMPSON WELL TREATMENT SYSTEM PROJECT, CIP WT1902, PROVIDING DIRECTION TO STAFF ON REBIDDING THE PROJECT, AND DEFERRING ACTION ON RELATED ITEMS WHEREAS, on June 3, 2025, the City solicited public bids for the Lampson Well Treatment System Project (Project), CIP WT1902, and received six (6) bids in response to the solicitation; and, WHEREAS, based on the bids opened on July 16, 2025, the apparent low bidder is RE Chaffee Construction, Inc. (Chaffee) in the amount of $5,421,340; the second low bidder is Covenant Technical Solutions (CTS) in the amount of $5,649,257, and the third low bidder is Metro Builders & Engineering Group, Ltd (Metro Builders) in the amount of $7,722,445; and, WHEREAS, the bid validity period expired on September 14, 2025, and the bids received exceeded the Engineer’s Estimate; and, WHEREAS, Section 1010 of the Seal Beach City Charter authorizes the City Council to reject any and all bids and to re-advertise at its discretion; and, WHEREAS, staff recommends that all bids be rejected and that the City Council provide direction on reevaluating and restructuring the contract documents to address cost, scheduling, and design concerns while maintaining the integrity and quality of the Project; and, WHEREAS, staff further recommends deferring action on all related items presented at the September 8, 2025, City Council meeting pending further direction. NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine and order as follows: SECTION 1. The City Council finds that all Recitals set forth above are true and correct and incorporates them herein by this reference. SECTION 2. The City Council hereby rejects all bids received for the Lampson Well Treatment System Project, WT1902. SECTION 3. The City Council hereby directs Staff to re-evaluate the Project parameters, including contract documents, delivery schedule and cost impacts, prior to rebidding. 1 0 4 6 2 SECTION 4. The City Council hereby defers action on all other items related to the Project and previously presented at the September 8, 2025, including proposed Amendment 3 to the Professional Services Agreement with Pacific Advanced Civil Engineering, Inc. for Engineering Services; a proposed Professional Services Agreement with Butier Engineering, Inc. for Construction Management and Inspection Services; a new Orange County Water District Producer Well Construction Loan Agreement; and Budget Amendment BA #26-03-03. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 22nd day of September 2025 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa Landau, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7697 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 22nd day of September 2025. Gloria D. Harper, City Clerk PUBLIC WORKS AGREEMENT LAMPSON WELL TREATMENT SYSTEM PROJECT CIP NO. WT1902 between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & Covenant Technical Solutions, Inc. 668 Glen Road Danville, California 94526 (925) 967-5232 THIS CONTRACT (“Contract”) is made as of September 8, 2025, by and between the City of Seal Beach, a California charter city (“City”), and Covenant Technical Solutions, Inc., a Delaware Corporation (“Contractor”) (collectively, “the parties” and individually, a “party”). 2 RECITALS A. WHEREAS, the City Council of the City of Seal Beach (“City”) approved the plans and specifications for the Lampson Well Treatment System, WT1902 (“Project”) with respect to design criteria, and based thereon the City issued a Notice Inviting Bids dated June 3, 2025; and B. WHEREAS, Contractor submitted a Bid to City for the Project dated June 23, 2025 in the amount of $5,649,257 (“Bid” hereinafter) in response to the Notice Inviting Bids; and C. WHEREAS, Contractor is a California licensed “A” General Engineering Contractor (State Contractor's license number (License #) 1123021, DIR #2000001034; and D. WHEREAS, pursuant to the authority provided by its City Charter and Seal Beach Municipal Code, City desires to engage Contractor to carry out the Project in the manner set forth herein and more fully described in Section 1.0. NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: CONTRACT 1. Contractor’s Services. 1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Contract, Contractor shall perform and complete in good and workmanlike manner all work (“Work”) for the Project identified as the Lampson Well Treatment System, WT1902 project (“Project”) as described in this Contract and in the Contract Documents listed in Subsection 1.2. 1.2 Contract Documents. The Contract Documents consist of this Contract and all the following: Notice Inviting Bids, Instructions to Bidders, Accepted Bid Proposal and Bid Sheets, Notification of Award, Noncollusion Declaration, Designation of Subcontractors, Contractor’s Industrial Safety Record, Contractor’s Technical Ability and Experience References, Resumes, Bidder Questionnaire, Bid Bond, Faithful Performance Bond, Payment Bond (Labor and Materials), permits from regulatory agencies with jurisdiction, Special Provisions, Specifications, General Provisions, Plans, Standard Plans, Reference Documents, and any other documents referenced therein, all Addenda as prepared prior to the date of Bid opening setting forth any modifications or interpretations of any of said documents, Change Orders, and any and all supplemental agreements executed amending or extending the Work contemplated and that may be 3 required to complete the Work in a substantial and acceptable manner; and all Exhibits attached to this Contract. The Exhibits attached to this Contract include the Performance Bond (Exhibit A), Payment Bond (Labor and Materials) (Exhibit B), Workers’ Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E), Acknowledgment of Labor Law Requirements (Exhibit F), Standard Specifications and Reference Documents (Exhibit G), Non-Collusion Declaration (Exhibit H), Contractor’s Industrial Safety Record (Exhibit I), Declaration of Subcontractors (Exhibit J), and Accepted Bid Proposal with Bid Sheets (Exhibit K). All Contract Documents are hereby incorporated into this Contract. 1.3 The Work shall be performed in accordance with the Plans, Specifications and other Contract Documents. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City. 1.4 In the event of any material discrepancy between the express provisions of this Contract and the provisions of the other Contract Documents, the provisions of this Contract shall prevail. 2. Effective Date. This Contract is effective as of September 8, 2025 (the “Effective Date”), and shall remain in full force and effect until Contractor has rendered the services required by this Contract and a Notice of Completion has been filed with the Orange County Recorder, unless sooner terminated or extended pursuant to this Contract. 3. Contractor’s Compensation. 3.1 Payment. For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor, in accordance with the Bid Proposal as full compensation therefor, but in no event will City pay more than the total not-to-exceed amount of $5,649,257 (Five Million Six Hundred Forty-Nine Thousand Two Hundred Fifty-Seven dollars), subject to any additions and deletions pursuant to the terms of the Contract Documents. Said sum shall constitute payment in full for all Work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Contractor on account of the Contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. 3.2 Additional Work. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council, subject to the not-to-exceed amount set forth in Section 3.1. Payment for additional work in excess of this amount requires prior City Council authorization. 4 4. Contractor’s Personnel. 4.1 All Work shall be performed by Contractor or under Contractor’s direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by the Seal Beach Municipal Code and other state and local laws and by the Notice Inviting Bids/Instructions to Bidders to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. 4.2 Contractor shall be responsible for payment of all employees’ wages and benefits, and shall comply with all requirements pertaining to employer’s liability, prevailing wages, workers’ compensation, unemployment insurance, and Social Security. Contractor shall fully comply with the workers’ compensation law and California Labor Code regarding Contractor and Contractor’s employees. 4.3 Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor’s alleged violations of labor or personnel practices. 4.4 Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Contract. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Contract, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the Work performed pursuant to this Contract. 4.5 City shall have the right to offset against the amount of any fees due to Contractor under this Contract any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 4. 5. Indemnification. 5.1 Contractor’s Duty. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, indemnify, and hold the City and its elected and appointed officials, officers, attorneys, agents, employees, volunteers, licensees, successors, assigns, and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, stop notices, liens, liabilities and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals and all costs associated 5 therewith and the payment of all consequential damages (collectively, “Liabilities”), in law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, the acts or omissions of Contractor, its officers, agents, attorneys, servants, employees, Subcontractors, materialmen, contractors, or their officers, agents, servants or employees (or any entity or individual for whom the Contractor bears legal liability)in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. The City shall not be liable for any accident, loss, or damage to the Work prior to completion, except as otherwise specified in Section 6-5 of the Specifications. 5.2 Taxes and Workers’ Compensation. Contractor shall pay all required taxes on amounts paid to the Contractor under the Contract, and indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract. Contractor shall fully comply with the Workers’ Compensation law regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold the City harmless from any failure of Contractor to comply with applicable Workers’ Compensation laws. City may offset against the amount of any fees due to Contractor under the Contract any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to the City any reimbursement or indemnification arising under this Subsection 5.2. 5.3 Bid Protests. In addition to all other obligations set forth in this Section 5, Contractor shall reimburse the City for all attorneys’ fees and costs incurred by City in connection with, arising out of or incident to any Bid protest. 5.4 Civil Code Exception. Nothing in this Section 5 shall be construed to encompass Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City’s active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. 5.5 Workers’ Compensation Acts not Limiting. Contractor’s indemnifications and obligations under this Section 5, or any other provision of the Contract, shall not be limited by the provisions of any Workers’ Compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers. 6 5.6 Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to the Contract. The indemnities in this Section 5 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City. 5.7 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Contract. 5.8 Subcontractor Indemnity Agreements. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 5 from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of the Contract. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s Subcontractor, its officers, agents, servants, employees, Subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual for whom Contractor’s Subcontractor bears legal liability) in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final court decision or by the agreement of the Parties. 5.9 Survival. The provisions of this Section 5 shall survive the expiration or termination of the Contract, are intended to be as broad and inclusive as is permitted by the law of the State, and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. 6. Insurance. 6.1 Liability Insurance. Contractor shall at all times during the term of this Contract carry, maintain and keep in full force and effect the insurance referenced in this Section 6. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: 6.1.1 Exhibit D-1: Additional Insured Endorsement - Commercial General Liability. 7 6.1.2 Exhibit D-2: Additional Insured Endorsement - Automobile Liability. 6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured—Owners, Lessees or Contactors (Form B). 6.2.4 Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. 6.2.5 Professional Liability insurance. Unless the City waives in the requirement for professional liability insurance, Contractor shall provide to City the standard form issued by the carrier. 6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: 6.3.1 General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Contract or the general limit shall be twice the required occurrence limit. 6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage. 6.3.3 Employer’s Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease; and Workers’ Compensation Insurance in the amount required by law. 6.4 Additional Insureds. City, its elected and appointed officials, officers, employees, attorneys, agents, licensees, volunteers, and independent contractors in the role of City officials, shall be the insured or named as additional insureds covering the Work, regardless of any inconsistent statement in the policy or any subsequent endorsement, whether liability is attributable to Contractor or City. 6.5 Replacement Insurance. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage required by the Contract during the term of the Contract. Contractor agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, City may take 8 out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Contractor and the cost of such insurance may be deducted, at the option of City, from payments due Contractor. This shall be in addition to all other legal options available to City to enforce the insurance requirements. 6.6 Certificates of Insurance with Original Endorsements. Contractor shall submit to City certificates of insurance with the original endorsements, both of which reference the same policy number, for each of the insurance policies that meet the insurance requirements, not less than one (1) day before beginning of performance under the Contract. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. Endorsements must be executed on City’s forms titled “Additional Insured Endorsement,” copies of which are attached as exhibits to this Contract, or on any other form that contains substantially the same terms and is approved by City’s Risk Manager. The endorsements must specifically name the City of Seal Beach and its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors in the role of City officials as insureds or additional insureds. Current insurance certificates and endorsements shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies at any time. 6.7 Deductibles and Self-Insured Retentions. Contractor shall inform City of any deductibles or self-insured retentions except with respect to any professional liability insurance. 6.8 Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 6.8.1 For any claims related to this Contract, Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, volunteers and those City agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by City, their officers, officials, employees, volunteers or those City agents serving as independent contractors in the role of City officials shall be excess of Contractor’s insurance and shall not contribute with it. 6.8.2 Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 6.8.3 Each insurance policy required by this Section 6 shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 calendar days prior written notice by first class mail has been given to City. 6.8.4 Each insurance policy required by this Section 6 shall expressly waive the insurer’s right of subrogation against City and its elected officials, officers, employees, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City or agency officials. By executing this 9 Agreement, Contractor waives all rights of subrogation against City and its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials. 6.9 Acceptability of Insurers. Insurance is to be placed with insurers authorizied to do business in California, with a current A.M. Best’s rating of no less than A:VIIl unless waived in writing by City’s Risk Manager. 6.10 No Limitation on Indemnity. The insurance provisions shall not be construed to limit Contractor’s indemnity obligations contained in this Contract or any other Contract Documents. 6.11 Insurance Requirements not Limiting. If Contractor maintains broader coverage and/or higher limits than the minimums required in this Section 6, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract. 6.12 Subcontractors. Contractor shall require each of its Subcontractors that perform services under the Contract to maintain insurance coverage that meets all of the requirements of the Contract including this Section 6. 7. Liquidated Damages. Should the Contractor fail to complete the Project, or any part thereof, in the time agreed upon in the Contract, the Contractor shall reimburse the City for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate of $1,000.00 per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to the City resulting from the failure of the Contractor to complete the Project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. The City shall have the right to deduct such damages from any amount due, or that may become due to the Contractor, or the amount of such damages shall be due and collectible from the Contractor or the Contractor’s Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages. 8. Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor’s Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this Contract. 9. Notices. Any notices, bills, invoices, or reports authorized or required by 10 this Contract shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor’s and City’s regular business hours or by facsimile before or during Contractor’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Contract, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: City Clerk City of Seal Beach 211-8th Street Seal Beach, California 90740 Telephone: (562) 431-2527 Fax: (562) 493-9857 With a copy to: Public Works Director City of Seal Beach 211-8th Street Seal Beach, California 90740 If to Contractor: Covenant Technical Solutions 668 Glen Road Danville, California 94526 Telephone: (925) 967-5232 Attn: Robert Craw 10. Non-Assignability; Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Contract or the performance of any of Contractor’s obligations hereunder, without City’s prior written consent. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder in violation of this Agreement shall be null, void and of no effect. 11. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. 12. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Contract shall not be a waiver of any other condition of performance under this Contract. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 13. Attorneys’ Fees. In the event that either party to this Contract shall 11 commence any legal action or proceeding to enforce or interpret the provisions of this Contract, each party shall be responsible for their own attorneys’ fees. 14. Construction. The validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of the State of California, with venue in Orange County, California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Contract shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Contract or who drafted that portion of the Contract. 15. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.” 16. Prevailing Wages. The City and the Contractor acknowledge that the Project is a public work to which prevailing wages apply, and Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including but not limited to those set forth in Exhibits E and F, attached hereto. 17. Claim Dispute Resolution. 17.1 In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be characterized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters. 17.2 All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 12 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of “claim” as individually defined therein. 18. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties. 19. Prohibited Interests; Conflict of Interest 19.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Work, or which would conflict in any manner with the performance of the Work under this Agreement. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Work. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor “financially interested” (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 19.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 19.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non-contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws as described in this subsection. 20. Entire Agreement. This Contract, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Contract supersedes all prior oral or written negotiations, representations, or agreements. This Contract may not be amended, nor 13 any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Contract. 21. Severability. The invalidity in whole or in part of any provisions of this Contract shall not void or affect the validity of the other provisions of this Contract. 22. Titles and Headings. The titles and headings used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it. 23. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 24. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. Robert Craw CEO EXHIBIT A FAITHFUL PERFORMANCE BOND Bond No. __________ PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach (“City”), has awarded to (“Principal”) (Name and address of Contractor) a contract (the “Contract”) for the Work described as follows: LAMPSON WELL TREATMENT SYSTEM – WT1902 (Project name) WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and , (Name and address of Surety) (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ), this amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: “Principal” By: Its By: Its (Seal) “Surety” By: Its By: Its (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. EXHIBIT B PAYMENT BOND (LABOR AND MATERIALS) Bond No. __________ PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach (“City”), State of California, has awarded to (“Principal”) (Name and address of Contractor) a contract (the “Contract”) for the Work described as follows: LAMPSON WELL TREATMENT SYSTEM – WT1902 (Project name) WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: “Principal” By: Its By: Its (Seal) “Surety” By: Its By: Its (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. EXHIBIT C WORKER’S COMPENSATION INSURANCE CERTIFICATE WORKERS’ COMPENSATION CERTIFICATE OF INSURANCE WHEREAS, the City of Seal Beach (“City”) has required certain insurance to be provided by: NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time: 1. This certificate is issued to: City of Seal Beach City Hall 211 8th Street Seal Beach, California 90740 The insureds under such policy or policies are: 2. Workers’ Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows: Policy Number Effective Date Expiration Date By: Its Authorized Representative EXHIBIT D-1 ADDITIONAL INSURED ENDORSEMENT COMMERCIAL GENERAL LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL LIABILITY] ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Name and address of named insured (“Named Insured”): Name and address of insurance company (“Company”): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The City of Seal Beach (“City”), its elected officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials, are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereof. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to City at: City Manager City of Seal Beach City Hall 211 8th Street Seal Beach, CA 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS ENDORSEMENT ATTACHES POLICY PERIOD FROM/TO LIMITS OF LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: □ Contractual Liability □ Explosion Hazard □ Owners/Landlords/Tenants □ Collapse Hazard □ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability □ Broad Form Property Damage □ Liquor Liability □ Extended Bodily Injury □ □ Broad Form Comprehensive □ □ General Liability Endorsement □ 12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one). 13. This is an □ occurrence or □ claims made policy (check one). 14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number . I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20___ Signature of Authorized Representative (Original signature only; no facsimile signature Telephone No.: ( ) or initialed signature accepted) EXHIBIT D-2 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY] ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Name and address of named insured (“Named Insured”): Name and address of insurance company (“Company”): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The City of Seal Beach (“City”), its elected officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to City at: City Manager City of Seal Beach City Hall 211 8th Street Seal Beach, CA 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS ENDORSEMENT ATTACHES POLICY PERIOD FROM/TO LIMITS OF LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: □ Any Automobiles □ Truckers Coverage □ All Owned Automobiles □ Motor Carrier Act □ Non-owned Automobiles □ Bus Regulatory Reform Act □ Hired Automobiles □ Public Livery Coverage □ Scheduled Automobiles □ □ Garage Coverage □ 12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one). 13. This is an □ occurrence or □ claims made policy (check one). 14. This endorsement is effective on ______________ at 12:01 a.m. and forms a part of Policy Number _________. I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20___ Signature of Authorized Representative (Original signature only; no facsimile signature Telephone No.: ( ) or initialed signature accepted) EXHIBIT D-3 ADDITIONAL INSURED ENDORSEMENT [INSERT INSURANCE CERTIFICATE SHOWING PROFESSIONAL INSURANCE LIABILITY, IF REQUIRED] ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Name and address of named insured (“Named Insured”): Name and address of insurance company (“Company”): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The City of Seal Beach (“City”), its elected officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company’s liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to City at: City Manager City of Seal Beach City Hall 211 Eighth Street Seal Beach, California 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS ENDORSEMENT ATTACHES POLICY PERIOD FROM/TO LIMITS OF LIABILITY □ Following Form □ Umbrella Liability □ 11. Applicable underlying coverages: INSURANCE COMPANY POLICY NUMBER AMOUNT 12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages: 13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one). 14. This is an □ occurrence or □ claims made policy (check one). 15. This endorsement is effective on ________ at 12:01 a.m. and forms a part of Policy Number ________. I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20___ Signature of Authorized Representative (Original signature only; no facsimile signature Telephone No.: ( ) or initialed signature accepted) EXHIBIT E ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR LICENSING LAWS ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business & Professions Code § 7028.15] [Public Contract Code § 20103.5] I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below (required at time of award): Business & Professions Code § 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, “the price of the contract” for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code § 20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre-qualification questionnaire and financial statement. Failure of the Bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the Contract and shall result in the forfeiture of the security of the Bidder. License No.:________________ Class:___________________ Expiration Date:_________________ Date:__________________ EXHIBIT F AGREEMENT TO COMPLY WITH LABOR LAW REQUIREMENTS AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with a[l applicable provisions of California law, including but not limited to the following: 1. Contractor acknowledges that this Contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“Agency”) and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the Work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the Contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract.” Date ___________________ Signature _______________________________________ EXHIBIT G STANDARD SPECIFICATIONS AND REFERENCE DOCUMENTS 1. Standard Specifications for Public Works Construction (“Greenbook”) 2. Construction Specifications Institute (“CSI”) EXHIBIT H NON-COLLUSION DECLARATION EXHIBIT I CONTRACTOR’S INDUSTRIAL SAFETY RECORD EXHIBIT J DESIGNATION OF SUBCONTRACTORS EXHIBIT K BID PROPOSAL (INCLUDING BID SHEETS) Metro Builders & Engineers Group, Ltd. 2610 Avon Street, Newport Beach, CA 92663 – Phone: 949.515.4350 – Fax: 949.515.4351 – metrobuilders.com July 22, 2025 City of Seal Beach Public Works Department 211 Eighth Street Seal Beach, CA 90740 Attn: Ms. Kathryne Cho Subject: Bid Protest – Project WT 1902: Lampson Well Treatment System Project Bid Date: July 16, 2025 – Bid Protest Notification Dear Ms. Cho, On behalf of Metro Builders & Engineers Group, Ltd., we respectfully submit this formal bid protest regarding bids submitted by RE Chaffee Corporation and Covenant Technical Solutions for the above-referenced project, with a bid due as July 16, 2025, at 10:30 a.m. Upon review of RE Chaffee Corporation’s bid and the associated documents provided by the City of Seal Beach, we believe their bid is non-responsive for the following reasons: Bid Item 31 – Transport and Install Four (4) Owner-Furnished 12’ Diameter Steel Pressure Vessels: RE Chaffee Corporation submitted a price of $70,000 for this line item, which appears unreasonably low given the complexity and cost of the filter equipment and filter media. Based on the scope clarified in Addendum No. 2, Question 17, the contractor is responsible for furnishing and installing four (4) GAC vessels as part of Bid Item 31. It appears RE Chaffee may have overlooked the procurement responsibilities outlined in the bid documents. Upon review of Covenant Technical Solutions bid and the associated documents provided by the City of Seal Beach, we believe their bid is non-responsive for the following reasons: As per the bidder’s questionnaire, Covenant Technical Solutions (CTS) was issued contractor’s license on June 28th, 2024. As per the bidder’s technical ability and experience references submitted by CTS, they listed five (5) projects as listed below: 1. PFAS Treatment through GAC. Construction Dates: 3/1/20 - 3/1/23 2. Ground Water Remediation through UVAOP and GAC. Construction Dates: 10/1/19 - 10/1/24 3. Advances Water Treatment Facility through MBR, RO and UVAOP, Construction Dates: 11/1/17 – 11/1/22 4. PFOA/PFOS removal through GAC. Construction Dates: 1/1/17 – 7/1/17 5. Chromium-6 Treatment through GAC. Construction Dates: 6/1/18 – 12/1/18 All the listed projects were started and completed prior to the license issue date which indicates they were not performed by CTS. Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Metro Builders & Engineers Group, Ltd. 2610 Avon Street, Newport Beach, CA 92663 – Phone: 949.515.4350 – Fax: 949.515.4351 – metrobuilders.com We respectfully request that the city thoroughly review the noted discrepancies and evaluate both bidders for compliance with the bid requirements. Based on this review, we urge the city to deem their bids non-responsive and award the project to Metro Builders & Engineers Group, Ltd. Sincerely, Richard Quattrocchi Engineering/Contracts Manager Metro Builders & Engineers Group, Ltd. Attachment: 1. Bid Line item for RE Chaffee 2. Addendum 2 3. Covenant Technical Services Technical Ability and Experience References and Contractors License Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Metro Builders & Engineers Group, Ltd. 2610 Avon Street, Newport Beach, CA 92663 – Phone: 949.515.4350 – Fax: 949.515.4351 – metrobuilders.com ATTACHMENT 1 - BID LINE ITEM FOR RE CHAFFEE Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Metro Builders & Engineers Group, Ltd. 2610 Avon Street, Newport Beach, CA 92663 – Phone: 949.515.4350 – Fax: 949.515.4351 – metrobuilders.com ATTACHMENT 2 - ADDENDUM 2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 June 26, 2025 Addendum No. 2 LAMPSON WELL TREATMENT SYSTEM CIP No. WT1902 Attention all Interested Parties: The following clarifications, revisions, additions and/or deletions are hereby made a part of the bid documents: 1. NOTICE INVITING BIDS DELETE the following: “BIDS MUST BE RECEIVED BY: July 2nd at 10:30 am BIDS TO BE OPENED BY: July 2nd at 10:30 am” REPLACE with the following: “BIDS MUST BE RECEIVED BY: July 16th at 10:30 am BIDS TO BE OPENED BY: July 16th at 10:30 am” 2. CONTRACT DOCUMENT TITLE SHEET DELETE the following: “Bid Opening Date and Time: July 2nd at 10:30 am” REPLACE with the following: “Bid Opening Date and Time: July 16th at 10:30 am” 3. BID PROPOSAL The Bid Proposal sheets (pages 77-83) have been updated to include two Alternate Bid Deduction Items A1 and A2 to show amount of cost savings (-) to Bid Items #32 and #33 if the above ground pipes were changed to Carbon Steel with Fusion-Bonded Epoxy Coating and Lining. Bidders shall utilize the updated Bid Proposal Sheets included in this Addendum as Attachment A. Public Works Department of Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 4. Responses to Bid Questions Received from Addendum 1 release through June 25, 2025: Question 1: Is Welded Pipe ok to use? Seamed/Welded Pipe will be priced 60% of the more expensive Seamless. Response to Question 1: Please be specific which pipe you are referring to. I.e, 16-inch buried steel pipes are welded per sheet C4.0. Question 2: The spec calls out A778 for the Pipe, and A774 for the fittings. (Very Typical). Both are extremely hard to find in these larger sizes, and very expensive. Normal/Stocked Pipe Spec; A/SA 312 TP Normal/Stocked Fitting Spec; A/SA 403 Do you want the quote reflecting A778/A774, or A312/A403 ? (All in 316L, S/20) Response to Question 2: The City encourages all proposers to submit bids based on the existing specifications, including any addendums. After the bids are opened, lowest bidder may submit a substitution request to the City for consideration. Question 3: AIS Material, or Import OK ? Response to Question 3: Import is acceptable. In Specification Section 40 05 60, DELETE the following paragraph 1.04C : AIS Step Certification Process shall be used to ensure that producers adhere to the American Iron and Steel (AIS) requirement and verify that products comply with the AIS requirement. The AIS Step Certification Process shall require that certification for each handler (supplier, fabricator, manufacturer, processor, etc.) of the iron and steel products certifies that their step in the process was domestically performed. Each time a step in the manufacturing process takes place, the manufacturer shall deliver its work along with a certification of its origin. The certification must include at a minimum the name of the manufacturer, the location of the manufacturing facility where the product or process took place (not its headquarters), a description of the product or item being delivered, and a signature by a manufacturer’s responsible party. These step certifications shall be collected and maintained by the final manufacturer, vendor, or contractor that delivers the iron or steel product to the Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 worksite, and shall provide a final certification asserting that all manufacturing processes occurred in the US. Question 4: Flanges; If Piping system is 150 PSI or less, then we can use a 150# Slip-On Flange, 316L, Flat Face. Does this sound correct to you? Response to Question 4: Please bid per plan and specifications. Question 5: Welded Joints; Looks like it’s Visual, and a Hydro in the field. Did you see anything that calls for Die Pen Testing or Xray to Welds? Response to Question 5: The Contractor is responsible to perform quality control field testing, including welding, pressure testing, etc. The City will handle inspection services. Question 6: Please confirm who is to procure the GAC vessels. a. The bid table says the contractor is to furnish and install b. Spec section 46-1300 1.01 A says the Owner has procured the GAC filter vessels. Response to Question 6: The Contractor shall furnish and install the four (4) GAC vessels per bid item No. 31. In Specification Section 46 13 00, DELETE the following: SECTION 46 1300 - GAC FILTER VESSELS PART 1 - GENERAL 1.01 THE REQUIREMENT A. The OWNER has procured the GAC filter vessels to be installed by the CONTRACTOR. The CONTRACTOR shall procure and install filter media for all four (4) filter vessels. PART 2 - PRODUCTS 2.01 GENERAL REQUIREMENTS A. GAC Filter Vessels Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 1. The CONTRACTOR shall install the GAC filter vessels per the manufacturer’s requirements. B. GAC Media 1. Clean >95% 1/2"-3/4” gravel with minimal fines shall be used for filling bottom cap of filters up to the filter laterals. 2. Clean coconut shell-based GAC media from Carbon Activated in Compton California, COC AL60, 12x30 Mesh, shall be used above the garnet in a 48” high layer. REPLACE with the following: SECTION 46 1300 – GAC FILTRATION MEDIA PART 1 - GENERAL 1.01 THE REQUIREMENT A. The CONTRACTOR shall procure and install filter media for all four (4) filter vessels. PART 2 - PRODUCTS 2.01 GENERAL REQUIREMENTS A. GAC Filter Vessels 1. The CONTRACTOR shall install the GAC filter vessels per the manufacturer’s requirements. B. GAC Media 1. Clean coconut shell-based GAC media from Carbon Activated in Compton California, COC AL60, 12x30 Mesh. Question 7: Please confirm if the GAC vessel anchorage is to be cast in place or drilled and bonded. Response to Question 7: This will be at the contractor’s discretion and submitted as a deferred submittal. Whether the component is cast-in-place or drilled and bonded, the contractor shall coordinate closely with the manufacturer to ensure proper integration and compatibility. Question 8: Section 46 13 00 – GAC Filter Vessels, 43 4200-2.02 B.p – Has a hub and lateral underdrain. Is there something special about this design that makes it required? If not, we request that the industry standard underdrain, the external ring header septa design, be accepted as an alternative. There have been hundreds of GAC vessel installations nationwide with the external ring header design since the early 1990s. A reference list of the AqueoUS Vets installations has been attached. Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 The external ring header design would be an external 8” pipe beneath the vessel that secures eight nozzles. The attached GA Drawing is included for reference. Response to Question 8: We are flexible regarding the use of a hub and lateral underdrain system, we are firm on maintaining the external discharge configuration. This specific design is critical to support the automated and operational system. Question 9: Section 46 13 00 – GAC Filter Vessels, Part 2 – 2.01 states that a gravel underbed is required under the granular activated carbon. However, with GAC, an underbed is not recommended because it prevents the carbon from being slurried out of the vessel which is the industry standard method to remove the carbon from the vessel. Response to Question 9: There is no need for a gravel underbed. See Response #6 Question 10: Please clarify the location of the rupture disk listed in Section 43 4200-2.02B.6.u. They are not seen on the drawings or the P&ID. They are required for an ASME Code-rated pressure vessel as a protective measure against an event that exceeds the vessel's pressure rating. Response to Question 10: Per the Drawings, Sheets T1.0 and M6.1, Note 3, a 3" Zook graphite rupture disc rated at 125 PSIG is to be installed on the 4" media fill line, and as specified in Section 43 42 00 – 2.02.B.6.u. installation on the vent line is also acceptable. This will be a deferred submittal and alternative methods of pressure relief can be presented by the manufacturer. Question 11: Section 43 42 00 – 2.02 specifies that four lifting lugs are required, while Drawing T1.0 shows only three on the vessel. Could you please advise which requirement is correct? For reference, per industry standard, we typically recommend using two lifting lugs, as this is generally sufficient for handling and helps avoid potential interference with face piping and manways. Response to Question 11: The use of two lifiting lugs is acceptable. Note that the acceptable quantity of lugs can vary based on Tank MFRs as long as the supplied system provides sufficient support, control, and safety of the vessel during installation. Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Question 12: Drawing sheets E2.0 & E2.1 both show FIT 04070, however this FIT is not shown anywhere on the P&ID’s. Please confirm if this FIT is existing or new. If new, please provide make, model, specifications, etc…. Response to Question 12: There is no existing or new Flowmeter at this location. P309B in the Power Conduit Wire Schedule on drawing sheet E6.2 shall be a SPARE. C101C in the Control Conduit Wire Schedule on drawing sheet E6.3 shall be a SPARE. Question 13: Drawing Sheet E0.0 NOTE 12: “Underground conduits shall be SCH 40 encased with PVC coated galvanized rigid steel bends, elbows, & turn ups. Above ground conduit shall be PVC coated galvanized rigid steel unless noted otherwise.” Specification Section 26 0533.13 does not have the requirement for PVC coated bends elbows, only for stub-up & risers. Please confirm if PVC coated elbows & bends are required for underground PVC conduit installation as well as risers & stub-ups. Response to Question 13: Please follow Note 12 in drawing sheet E0.0. Question 14: Section 46 1300 (GAC Filter Vessels), Part 2, Section B (GAC Media) specifies the use of coconut-based GAC media, COC-AL-60 by Carbon Activated. Has the City already procured this specific media, or is there flexibility to propose an alternative GAC media type? Response to Question 14: The City encourages all proposers to submit bids based on the existing specifications, including any addendums. After the bids are opened, lowest bidder may submit a substitution request to the City for consideration. Question 15: The addition of garnet prior to the GAC is mentioned, but no specifications are provided. Is a garnet bottom layer required for this installation? Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Response to Question 15: There is no need for a garnet bottom layer. See Response #6 Question 16: Will the primary mode of operation for the GAC vessels be lead/lag or parallel configuration? Response to Question 16: The primary mode of operation for the GAC vessels will be in a parallel configuration. Question 17: Clarify that the Pressure Vessels are Owner Furnished. Section 2 - Scope of Work states that they are contractor furnished, however spec section 46 1300 GAC Filter Vessels state the Owner has procured the vessels for the contractor to install. If owner furnished please confirm if the City has possession of the Vessels currently and does the City have shop drawings / submittals yet from the manufacturer? Response to Question 17: The Contractor shall furnish and install the four (4) GAC vessels per bid item No. 31. See Response #6 Question 18: Section 46-1300-2.01-B-2 mentions COC-AL60 12X30 Mesh shall be used above the garnet in a 48” high layer. What size is the garnet and what is the media depth, other than the word “garnet” a size and depth is not mentioned in specifications or addendum. Attached is a spec from a previous project in Huntington Beach as a reference. Response to Question 18: There is no need for a garnet bottom layer. See Response #6 Question 19: The technical table of contents doesn't list the Pressure Vessel System, however it is within the specs in section 43 4221. Response to Question 19: In the technical table of contents page 00 0110-4, DELETE the following: Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 DIVISION 43 PROCESS GAS AND LIQUID HANDLING, PURIFICATION, AND STORAGE EQUIPMENT 43 4143 POLYETHYLENE TANK AND APPURTENANCES DIVISION 46 WATER AND WASTEWATER EQUIPMENT 46 0000 WATER AND WASTEWATER EQUIPMENT 46 0548 VIBRATION AND SEISMIC CONTROLS FOR WATER AND WASTEWATER EQUIPMENT 46 0553 IDENTIFICATION FOR WATER AND WASTEWATER EQUIPMENT 46 0600 COMMON WORK RESULTS FOR PROCESS PUMPS 46 0601 CLOSE COUPLED END SUCTION PUMP 46 1300 GAC FILTER VESSELS 46 5110 COMPRESSED AIR SYSTEMS REPLACE with the following: DIVISION 43 PROCESS GAS AND LIQUID HANDLING, PURIFICATION, AND STORAGE EQUIPMENT 43 4143 POLYETHYLENE TANK AND APPURTENANCES 43 4221 GAC PRESSURE VESSEL SYSTEM DIVISION 46 WATER AND WASTEWATER EQUIPMENT 46 0000 WATER AND WASTEWATER EQUIPMENT 46 0548 VIBRATION AND SEISMIC CONTROLS FOR WATER AND WASTEWATER EQUIPMENT 46 0553 IDENTIFICATION FOR WATER AND WASTEWATER EQUIPMENT 46 0600 COMMON WORK RESULTS FOR PROCESS PUMPS 46 0601 CLOSE COUPLED END SUCTION PUMP 46 1300 GAC FILTRATION MEDIA 46 5110 COMPRESSED AIR SYSTEMS Question 20: Please clarify whether the PLC panel processor is Allen Bradley CompactLogix 5069 Series or 1769 Series. Response to Question 20: The PLC panel processor is Allen Bradley CompactLogix 5069-L320ER per shop drawing on sheet TCP-1 in the plans. Question 21: Please clarify that the RIO panel processors are Automation Direct/CLICK PLUS C2-03CPU-2. Response to Question 21: Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 The RIO Panel Processors are KOYO CLICK C2-03CPU-2 per the shop drawing in the plans. Question 22: Please clarify who is providing the SCADA programming. Response to Question 22: The City is responsible for the SCADA programming. Question 23: Could you please confirm if all control panels, including the PLCs, are owner-furnished? Also, could you advise on who is responsible for the programming? Response to Question 23: The 5 control panels are owner-furnished and stored at the site. Please see sheet page number 92-135 for Control Planel Shop drawings. PACE is responsible for PLC programming. Question 24: We respectfully request an extension to the current bid due date for the Lampson Well Treatment System project. Several factors have impacted our team’s ability to compile a thorough and competitive proposal by the existing deadline: • Holiday Timing – The current bid date falls near the Fourth of July, which is the largest summer holiday, limiting the availability of key personnel and subcontractors. • Project Complexity – The scope and scale of the project require significant coordination, detailed takeoffs, and comprehensive vendor outreach. • Conflicting Bid Dates – We’ve identified that other large similar type projects are scheduled to bid on the same date, further straining resources and subcontractor availability. We suggest a bid extension of 10-14 calendar days to allow all parties adequate time to prepare and ensure a fair and competitive bidding environment. Response to Question 24: Bid Due date has been extended to July 16. END OF ADDENDUM Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 By order of the City of Seal Beach, ___________ _________________ 6/26/25 Deputy Director of Public Works/City Engineer Date Attachments - ATTACHMENT A – Updated Bid Proposal Sheets Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Metro Builders & Engineers Group, Ltd. 2610 Avon Street, Newport Beach, CA 92663 – Phone: 949.515.4350 – Fax: 949.515.4351 – metrobuilders.com ATTACHMNT 3 - COVENANT TECHNICAL SERVICES TECHNICAL ABILITY AND EXPERIENCE REFERENCES AND CONTRACTORS LICENSE. Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 RE Chaffee Construction Inc. 1253 Evergreen Rd Suite 3 Wrightwood Ca 92397 Lic # 897948 8/25/25 Lampson Well Treatment Systems Project ( CIP No. WT 1902) Subject: Protest response. Our proposal did not include the cost of the pressure vessels; however, media costs were included. We prepared our bid in accordance with bid item No. 31 in addendum #2, which specifies OWNER-FURNISHED 12’ DIAMETER STEEL PRESSURE VESSELS PER PLANS. Additionally, Section 46-1300 – GAC FILTER VESSELS was replaced entirely by Section 46-1300 – GAC FILTRATION MEDIA, indicating that providing the vessels is not the contractor’s responsibility. Therefore, our proposal includes only the filtration media as outlined in the documents. Given the evident ambiguity in the specification, the most equitable approach would be to reject all bids and reissue a request for proposals to the open market. ________________________________________ Joe Iriberri, Project Manager August 25, 2025 SBLW-CTS-CSB-001 August 29, 2025 City of Seal Beach Public Works Department Iris Lee, Director of Public Works 211 Eighth Street Seal Beach, CA 90740 Re: Bid Protest Proposed Project: Lampson Well Treatment Systems Project (CIP No. WT 1902) Bid Opening Date: July 16, 2025 Dear Ms. Lee Covenant Technical Solutions (CTS) respectfully submits this response to the protest filed by Metro Builders & Engineers Group, Ltd, regarding our proposal for CIP No. WT 1902 / Lampson Well Treatment Systems Project. We appreciate the opportunity to address the concerns raised. 1. Protest Claim The protester asserts that our company should be deemed non-responsive or non-responsible because Covenant Technical Solutions is newly established and cited projects completed by our project management team while employed at previous firms, beyond the 5-year experience requirement. 2. Our Position We respectfully disagree with this assertion. The solicitation explicitly allowed the demonstration of experience through the qualifications and past performance of the project managements team, not solely the corporate entity per Addendum No.1, response to question #3, issued on June 16th, 2025. Our proposal complied fully with the requirements by: · Providing bidders project management teams project history by complying with “Listed below are the names, address, and telephone numbers for two public agencies for which the bidder has performed similar work within the past ten years”. o Project #1 - OCWD PFAS PFOA Design Build  CEO, Rob Craw not only furnished GAC vessels for Orange County Water District but also supported the Design Build eBorts for the vessels. o Project #2 - San Fernando Groundwater Remediation Progressive Design Build  SoCal VP of Operations, Blake DePaola held multiple roles on this project. First working as a Design Build Manager and then Project Managing the construction.  Construction Manager, Ron Newton managed the civil operations and coordinated all other trades for construction. o Project #3 - Santa Monica Sustainable Water Infrastructure Project (SWIP)  SoCal VP of Operations, Blake DePaola was the Design Build Manager from Conceptual Design Report to 100% IFC Design. o Project #4 - California American Water PFOA/PFOS Design Build  CEO, Rob Craw furnished GAC vessels for the project. o Project #5 - California American Water - Chromium-6 Treatment  CEO, Rob Craw furnished GAC vessels for the project  President, Bill Williams oversaw all construction operations. · Identifying the bidders project management team assigned to this project, including their specific roles and responsibilities and showing per Addendum No.1, response to question #3, SBLW-CTS-CSB-001 issued on June 16th, 2025 by “For these critical positions, please list at least three projects for which the critical staB has performed similar work within the last ten years. These projects do not have to be under the employment of the bidder of this project.” o SoCal VP of Operations, Blake DePaola as the Project Manager qualified his experience through the following projects.  San Fernando Groundwater Remediation Progressive Design Build  Executed under the Kiewit Company.  Santa Monica Sustainable Water Infrastructure Project (SWIP)  Executed under the Kiewit Company.  North City Water Reclamation Plant  Executed under the Kiewit Company. o Construction Manager, Ron Newton as the Construction Manager qualified his experience through the following projects.  San Fernando Groundwater Remediation Progressive Design Build  Executed under the Kiewit Company.  Southern First Aqueduct  Executed under the Kiewit Company.  Sofi Stadium  Executed under the Kiewit Company. · Demonstrating these individuals, who are now integral members of our firm, possess the necessary expertise to ensure successful performance. 3. Industry Standard & Precedent It is common procurement practice—particularly when evaluating newly formed companies—for evaluation to consider the past performance of key personnel. Agencies and procurement boards have consistently held that the relevant experience of proposed staB may be attributed to the oBeror when those staB will perform the work (e.g., GAO decisions such as Perini/Jones, Joint Venture, B-285906). 4. Compliance and Fairness Our submission was accurate, transparent, and fully consistent with the solicitation. We submitted question #3 to the City of Seal Beach, Public Works Department during the allowable question and answer period solicited by the RFP. The answer given by the City of Seal Beach, Public Works Department allowed Covenant Technical Solutions to submit experience per their response “For the purposes of this project, the bidder and/or bidders project management team shall provide project history of similar work which is stated below…” (Addendum No. 1 is attached and highlighted for reference) 5. Conclusion For these reasons, the protest lacks merit and should be denied. Covenant Technical Solutions remains fully responsive and responsible, and we are confident in our ability to deliver exceptional results on this project. We respectfully request that the protest be denied and that award proceed in accordance with the solicitations evaluation criteria. Sincerely, Blake DePaola, SoCal VP of Operations 668 Glen Rd Danville, CA 94526 bdepaola@covenanttechnical.com SBLW-CTS-CSB-001 Attachments: 1. Addendum No. 1 Dated June 16th, 2025 2. Bid Project Letter Dated August 28th, 2025 June 16, 2025 Addendum No. 1 LAMPSON WELL TREATMENT SYSTEM CIP No. WT1902 Attention all Interested Parties: The following clarifications, revisions, additions and/or deletions are hereby made a part of the bid documents: Responses to Bid Questions Received as of June 16, 2025: Question 1: Please confirm that “harmonic analysis shall be performed and submitted with the bid package.” See specifications section 26 2920, paragraph 2.03E (VARIABLE FREQUENCY DRIVE (VFD) EQUIPMENT) Response to Question 1: Harmonic analysis is not required to be submitted with the bid package. DELETE the following paragraph 2.03E on specification section 262920: “E. To ascertain the harmonic contribution of the VFD’s at the PCC and to show compliance with IEEE 519-1992, harmonic analysis shall be performed and submitted with the bid package, provided that the VFD vendor is in receipt of the below listed information 10 working days prior to the bid date. 1. kVA rating of the low voltage distribution transformer(s) 2. X/R Ratio of utility low voltage distribution transformer(s) 3. Primary voltage 4. Secondary voltage 5. Secondary %IZ (impedance) 6. Length, size, & number of conductors between transformer LV side and distribution panel 7. System Single Line Diagram and electrical equipment list showing transformer and VFD detail 8. Total linear load kW to be connected to the distribution transformer Public Works Department of 9. Anticipated maximum demand load (15 minute or 30 minute) on the distribution transformer (IEEE 519)” Question 2: Please provide the “compliance report” form that is required with bids, mentioned on page 11 of the specifications, under Fair Employment Practices. Response to Question 2: On page 11, INSTRUCTION TO BIDDERS - FAIR EMPLOYMENT PRACTICES section, DELETE the following: FAIR EMPLOYMENT PRACTICES: The Contractor shall complete and enclose with their Bid the compliance report attached to the Bid proposal form, stating that the Contractor will pursue an affirmative course of action as required by the affirmative action guidelines. As set forth in Labor Code section § 1735, the Contractor shall not discriminate in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons, except as provided in Government Code section § 12940. Every Contractor for public works violating this provision is subject to all of the penalties imposed for a violation of Labor Code Div. 2, Part 7, Chapter 1. REPLACE with the following: “FAIR EMPLOYMENT PRACTICES: The Contractor shall not unlawfully discriminate against any individual based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation or military and veteran status. The Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all federal and California statutes and local ordinances and regulations. The Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.” Question 3: We request the below language in item to be accepted and incorporated into the bid documents: 1. Current - “For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of potable water wells including drilling, development, testing of wells within a urban or suburban environment. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein..” 2. Change To - “For the purposes of this project, the bidder or bidders project management team shall provide project history of similar work, specifically referencing the construction of potable water wells including drilling, development, testing of wells within a urban or suburban environment. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein.” Response to Question 3: The “Bidders Project History” and “Bidder’s Critical Staff” forms have been updated and attached to this addendum as Attachment A and Attachment B, respectively. Bidders shall utilize these updated forms. Revisions are as follows: 1. On page 23, “Bidder’s Project History”, DELETE the following: “For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of potable water wells including drilling, development, testing of wells within a urban or suburban environment. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years:” REPLACE with the following: “For the purposes of this project, the bidder and/or bidders project management team shall provide project history of similar work, specifically referencing its experience of successfully completing construction of separate pressurized water treatment projects such as, but not limited to, granular activated carbon, ion exchange, surge tanks, membrane filtration, and/or pressurized filtration. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for two public agencies for which the bidder has performed similar work within the past ten years:” 2. On page 24, “Bidder’s Critical Staff”, DELETE the following: “Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein.” REPLACE with the following: “Listed below are the names of the bidders proposed Construction Project Manager, Superintendent, or other critical positions. For these critical positions, please list at least three projects for which the critical staff has performed similar work within the last ten years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein.” Question 4: Section 43 41 43 - Polyethylene Tanks: The first paragraph of the specification section asks for double wall tanks, but the drawing shows a dimension in the construction notes which appears to call out a single wall Poly Process tank. 12’ x 8’. Are the tanks requested meant to be double walled or single walled? Response to Question 4: Single wall tank is acceptable and is the intended configuration for this project. On specification section 43 41 43 paragraph 1.01A, DELETE the following: “Scope: Contractor shall provide all labor, materials, equipment and incidentals required to provide a high density polyethylene (HDPE) double walled storage tanks, complete and operational with accessories as shown and specified, for treatment backwash storage.” REPLACE with the following: “Scope: Contractor shall provide all labor, materials, equipment and incidentals required to provide a high density polyethylene (HDPE) storage tanks, complete and operational with accessories as shown and specified, for treatment backwash storage.” Question 5: What is the engineer’s estimate for this project? Response to Question 5: Engineer's Estimate is $4,350,000 (Excluding Owner Furnished Control Panels) Question 6: Will you please send out the Optional Pre-Bid Meeting Sign-In Sheet? Response to Question 6: Please see attached. Question 7: The tank in the plans is a single wall tank, however the specification calls out for a double wall tank. Can you please clarify what is required. If a double wall tank is required, below are links to our double wall tank drawings that are closest to the 4900 gallons specified. - 5400 Gallon Double Wall Tank: https://tanks.polyprocessing.com/hubfs/tankfiles/PPC_DRAWING-2D-SAFE-A-05400.pdf - 4350 Gallon Double Wall Tank: https://tanks.polyprocessing.com/hubfs/tankfiles/PPC_DRAWING-2D-SAFE-A-04350.pdf Response to Question 7: See response to Question 4. Question 8: Is there a bidders or planholder list that can be made available to us? Response to Question 8: See “Prospective Bidders” Tab on PlanetBids: https://vendors.planetbids.com/portal/39491/bo/bo-detail/130595# END OF ADDENDUM By order of the City of Seal Beach, ___________ _________________ 6/16/25 Deputy Director of Public Works/City Engineer Date Attachments A. Bidder’s Project History B. Bidder’s Critical Staff C. June 12, 2025 Optional Pre-Bid Sign-In Sheet 23 Bidder’s Project History (Revised via Addendum 1) For the purposes of this project, the bidder and/or bidders project management team shall provide project history of similar work, specifically referencing its experience of successfully completing construction of separate pressurized water treatment projects such as, but not limited to, granular activated carbon, ion exchange, surge tanks, membrane filtration, and/or pressurized filtration. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for two public agencies for which the bidder has performed similar work within the past ten years: 1. Name and Address of Public Agency Name and Telephone No. of Project Manager: _________________________________________ Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: _________________________________________ Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: _________________________________________ Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 24 Bidder’s Critical Staff (Revised via Addendum 1) Listed below are the names of the bidders proposed Construction Project Manager, Superintendent, or other critical positions. For these critical positions, please list at least three projects for which the critical staff has performed similar work within the last ten years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. 1. Name of proposed Project Manager Telephone No. of proposed Project Manager: __________________________________________ Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed 2. Name of proposed Superintendent Telephone No. of proposed Superintendent: ___________________________________________ Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed June 16, 2025 Addendum No. 1 LAMPSON WELL TREATMENT SYSTEM CIP No. WT1902 Attention all Interested Parties: The following clarifications, revisions, additions and/or deletions are hereby made a part of the bid documents: Responses to Bid Questions Received as of June 16, 2025: Question 1: Please confirm that “harmonic analysis shall be performed and submitted with the bid package.” See specifications section 26 2920, paragraph 2.03E (VARIABLE FREQUENCY DRIVE (VFD) EQUIPMENT) Response to Question 1: Harmonic analysis is not required to be submitted with the bid package. DELETE the following paragraph 2.03E on specification section 262920: “E. To ascertain the harmonic contribution of the VFD’s at the PCC and to show compliance with IEEE 519-1992, harmonic analysis shall be performed and submitted with the bid package, provided that the VFD vendor is in receipt of the below listed information 10 working days prior to the bid date. 1. kVA rating of the low voltage distribution transformer(s) 2. X/R Ratio of utility low voltage distribution transformer(s) 3. Primary voltage 4. Secondary voltage 5. Secondary %IZ (impedance) 6. Length, size, & number of conductors between transformer LV side and distribution panel 7. System Single Line Diagram and electrical equipment list showing transformer and VFD detail 8. Total linear load kW to be connected to the distribution transformer Public Works Department of 9. Anticipated maximum demand load (15 minute or 30 minute) on the distribution transformer (IEEE 519)” Question 2: Please provide the “compliance report” form that is required with bids, mentioned on page 11 of the specifications, under Fair Employment Practices. Response to Question 2: On page 11, INSTRUCTION TO BIDDERS - FAIR EMPLOYMENT PRACTICES section, DELETE the following: FAIR EMPLOYMENT PRACTICES: The Contractor shall complete and enclose with their Bid the compliance report attached to the Bid proposal form, stating that the Contractor will pursue an affirmative course of action as required by the affirmative action guidelines. As set forth in Labor Code section § 1735, the Contractor shall not discriminate in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons, except as provided in Government Code section § 12940. Every Contractor for public works violating this provision is subject to all of the penalties imposed for a violation of Labor Code Div. 2, Part 7, Chapter 1. REPLACE with the following: “FAIR EMPLOYMENT PRACTICES: The Contractor shall not unlawfully discriminate against any individual based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation or military and veteran status. The Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all federal and California statutes and local ordinances and regulations. The Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.” Question 3: We request the below language in item to be accepted and incorporated into the bid documents: 1. Current - “For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of potable water wells including drilling, development, testing of wells within a urban or suburban environment. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein..” 2. Change To - “For the purposes of this project, the bidder or bidders project management team shall provide project history of similar work, specifically referencing the construction of potable water wells including drilling, development, testing of wells within a urban or suburban environment. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein.” Response to Question 3: The “Bidders Project History” and “Bidder’s Critical Staff” forms have been updated and attached to this addendum as Attachment A and Attachment B, respectively. Bidders shall utilize these updated forms. Revisions are as follows: 1. On page 23, “Bidder’s Project History”, DELETE the following: “For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of potable water wells including drilling, development, testing of wells within a urban or suburban environment. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years:” REPLACE with the following: “For the purposes of this project, the bidder and/or bidders project management team shall provide project history of similar work, specifically referencing its experience of successfully completing construction of separate pressurized water treatment projects such as, but not limited to, granular activated carbon, ion exchange, surge tanks, membrane filtration, and/or pressurized filtration. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for two public agencies for which the bidder has performed similar work within the past ten years:” 2. On page 24, “Bidder’s Critical Staff”, DELETE the following: “Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein.” REPLACE with the following: “Listed below are the names of the bidders proposed Construction Project Manager, Superintendent, or other critical positions. For these critical positions, please list at least three projects for which the critical staff has performed similar work within the last ten years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein.” Question 4: Section 43 41 43 - Polyethylene Tanks: The first paragraph of the specification section asks for double wall tanks, but the drawing shows a dimension in the construction notes which appears to call out a single wall Poly Process tank. 12’ x 8’. Are the tanks requested meant to be double walled or single walled? Response to Question 4: Single wall tank is acceptable and is the intended configuration for this project. On specification section 43 41 43 paragraph 1.01A, DELETE the following: “Scope: Contractor shall provide all labor, materials, equipment and incidentals required to provide a high density polyethylene (HDPE) double walled storage tanks, complete and operational with accessories as shown and specified, for treatment backwash storage.” REPLACE with the following: “Scope: Contractor shall provide all labor, materials, equipment and incidentals required to provide a high density polyethylene (HDPE) storage tanks, complete and operational with accessories as shown and specified, for treatment backwash storage.” Question 5: What is the engineer’s estimate for this project? Response to Question 5: Engineer's Estimate is $4,350,000 (Excluding Owner Furnished Control Panels) Question 6: Will you please send out the Optional Pre-Bid Meeting Sign-In Sheet? Response to Question 6: Please see attached. Question 7: The tank in the plans is a single wall tank, however the specification calls out for a double wall tank. Can you please clarify what is required. If a double wall tank is required, below are links to our double wall tank drawings that are closest to the 4900 gallons specified. - 5400 Gallon Double Wall Tank: https://tanks.polyprocessing.com/hubfs/tankfiles/PPC_DRAWING-2D-SAFE-A-05400.pdf - 4350 Gallon Double Wall Tank: https://tanks.polyprocessing.com/hubfs/tankfiles/PPC_DRAWING-2D-SAFE-A-04350.pdf Response to Question 7: See response to Question 4. Question 8: Is there a bidders or planholder list that can be made available to us? Response to Question 8: See “Prospective Bidders” Tab on PlanetBids: https://vendors.planetbids.com/portal/39491/bo/bo-detail/130595# END OF ADDENDUM By order of the City of Seal Beach, ___________ _________________ 6/16/25 Deputy Director of Public Works/City Engineer Date Attachments A. Bidder’s Project History B. Bidder’s Critical Staff C. June 12, 2025 Optional Pre-Bid Sign-In Sheet 23 Bidder’s Project History (Revised via Addendum 1) For the purposes of this project, the bidder and/or bidders project management team shall provide project history of similar work, specifically referencing its experience of successfully completing construction of separate pressurized water treatment projects such as, but not limited to, granular activated carbon, ion exchange, surge tanks, membrane filtration, and/or pressurized filtration. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for two public agencies for which the bidder has performed similar work within the past ten years: 1. Name and Address of Public Agency Name and Telephone No. of Project Manager: _________________________________________ Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: _________________________________________ Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: _________________________________________ Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 24 Bidder’s Critical Staff (Revised via Addendum 1) Listed below are the names of the bidders proposed Construction Project Manager, Superintendent, or other critical positions. For these critical positions, please list at least three projects for which the critical staff has performed similar work within the last ten years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. 1. Name of proposed Project Manager Telephone No. of proposed Project Manager: __________________________________________ Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed 2. Name of proposed Superintendent Telephone No. of proposed Superintendent: ___________________________________________ Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed June 26, 2025 Addendum No. 2 LAMPSON WELL TREATMENT SYSTEM CIP No. WT1902 Attention all Interested Parties: The following clarifications, revisions, additions and/or deletions are hereby made a part of the bid documents: 1. NOTICE INVITING BIDS DELETE the following: “BIDS MUST BE RECEIVED BY: July 2nd at 10:30 am BIDS TO BE OPENED BY: July 2nd at 10:30 am” REPLACE with the following: “BIDS MUST BE RECEIVED BY: July 16th at 10:30 am BIDS TO BE OPENED BY: July 16th at 10:30 am” 2. CONTRACT DOCUMENT TITLE SHEET DELETE the following: “Bid Opening Date and Time: July 2nd at 10:30 am” REPLACE with the following: “Bid Opening Date and Time: July 16th at 10:30 am” 3. BID PROPOSAL The Bid Proposal sheets (pages 77-83) have been updated to include two Alternate Bid Deduction Items A1 and A2 to show amount of cost savings (-) to Bid Items #32 and #33 if the above ground pipes were changed to Carbon Steel with Fusion-Bonded Epoxy Coating and Lining. Bidders shall utilize the updated Bid Proposal Sheets included in this Addendum as Attachment A. Public Works Department of 4. Responses to Bid Questions Received from Addendum 1 release through June 25, 2025: Question 1: Is Welded Pipe ok to use? Seamed/Welded Pipe will be priced 60% of the more expensive Seamless. Response to Question 1: Please be specific which pipe you are referring to. I.e, 16-inch buried steel pipes are welded per sheet C4.0. Question 2: The spec calls out A778 for the Pipe, and A774 for the fittings. (Very Typical). Both are extremely hard to find in these larger sizes, and very expensive. Normal/Stocked Pipe Spec; A/SA 312 TP Normal/Stocked Fitting Spec; A/SA 403 Do you want the quote reflecting A778/A774, or A312/A403 ? (All in 316L, S/20) Response to Question 2: The City encourages all proposers to submit bids based on the existing specifications, including any addendums. After the bids are opened, lowest bidder may submit a substitution request to the City for consideration. Question 3: AIS Material, or Import OK ? Response to Question 3: Import is acceptable. In Specification Section 40 05 60, DELETE the following paragraph 1.04C : AIS Step Certification Process shall be used to ensure that producers adhere to the American Iron and Steel (AIS) requirement and verify that products comply with the AIS requirement. The AIS Step Certification Process shall require that certification for each handler (supplier, fabricator, manufacturer, processor, etc.) of the iron and steel products certifies that their step in the process was domestically performed. Each time a step in the manufacturing process takes place, the manufacturer shall deliver its work along with a certification of its origin. The certification must include at a minimum the name of the manufacturer, the location of the manufacturing facility where the product or process took place (not its headquarters), a description of the product or item being delivered, and a signature by a manufacturer’s responsible party. These step certifications shall be collected and maintained by the final manufacturer, vendor, or contractor that delivers the iron or steel product to the worksite, and shall provide a final certification asserting that all manufacturing processes occurred in the US. Question 4: Flanges; If Piping system is 150 PSI or less, then we can use a 150# Slip-On Flange, 316L, Flat Face. Does this sound correct to you? Response to Question 4: Please bid per plan and specifications. Question 5: Welded Joints; Looks like it’s Visual, and a Hydro in the field. Did you see anything that calls for Die Pen Testing or Xray to Welds? Response to Question 5: The Contractor is responsible to perform quality control field testing, including welding, pressure testing, etc. The City will handle inspection services. Question 6: Please confirm who is to procure the GAC vessels. a. The bid table says the contractor is to furnish and install b. Spec section 46-1300 1.01 A says the Owner has procured the GAC filter vessels. Response to Question 6: The Contractor shall furnish and install the four (4) GAC vessels per bid item No. 31. In Specification Section 46 13 00, DELETE the following: SECTION 46 1300 - GAC FILTER VESSELS PART 1 - GENERAL 1.01 THE REQUIREMENT A. The OWNER has procured the GAC filter vessels to be installed by the CONTRACTOR. The CONTRACTOR shall procure and install filter media for all four (4) filter vessels. PART 2 - PRODUCTS 2.01 GENERAL REQUIREMENTS A. GAC Filter Vessels 1. The CONTRACTOR shall install the GAC filter vessels per the manufacturer’s requirements. B. GAC Media 1. Clean >95% 1/2"-3/4” gravel with minimal fines shall be used for filling bottom cap of filters up to the filter laterals. 2. Clean coconut shell-based GAC media from Carbon Activated in Compton California, COC AL60, 12x30 Mesh, shall be used above the garnet in a 48” high layer. REPLACE with the following: SECTION 46 1300 – GAC FILTRATION MEDIA PART 1 - GENERAL 1.01 THE REQUIREMENT A. The CONTRACTOR shall procure and install filter media for all four (4) filter vessels. PART 2 - PRODUCTS 2.01 GENERAL REQUIREMENTS A. GAC Filter Vessels 1. The CONTRACTOR shall install the GAC filter vessels per the manufacturer’s requirements. B. GAC Media 1. Clean coconut shell-based GAC media from Carbon Activated in Compton California, COC AL60, 12x30 Mesh. Question 7: Please confirm if the GAC vessel anchorage is to be cast in place or drilled and bonded. Response to Question 7: This will be at the contractor’s discretion and submitted as a deferred submittal. Whether the component is cast-in-place or drilled and bonded, the contractor shall coordinate closely with the manufacturer to ensure proper integration and compatibility. Question 8: Section 46 13 00 – GAC Filter Vessels, 43 4200-2.02 B.p – Has a hub and lateral underdrain. Is there something special about this design that makes it required? If not, we request that the industry standard underdrain, the external ring header septa design, be accepted as an alternative. There have been hundreds of GAC vessel installations nationwide with the external ring header design since the early 1990s. A reference list of the AqueoUS Vets installations has been attached. The external ring header design would be an external 8” pipe beneath the vessel that secures eight nozzles. The attached GA Drawing is included for reference. Response to Question 8: We are flexible regarding the use of a hub and lateral underdrain system, we are firm on maintaining the external discharge configuration. This specific design is critical to support the automated and operational system. Question 9: Section 46 13 00 – GAC Filter Vessels, Part 2 – 2.01 states that a gravel underbed is required under the granular activated carbon. However, with GAC, an underbed is not recommended because it prevents the carbon from being slurried out of the vessel which is the industry standard method to remove the carbon from the vessel. Response to Question 9: There is no need for a gravel underbed. See Response #6 Question 10: Please clarify the location of the rupture disk listed in Section 43 4200-2.02B.6.u. They are not seen on the drawings or the P&ID. They are required for an ASME Code-rated pressure vessel as a protective measure against an event that exceeds the vessel's pressure rating. Response to Question 10: Per the Drawings, Sheets T1.0 and M6.1, Note 3, a 3" Zook graphite rupture disc rated at 125 PSIG is to be installed on the 4" media fill line, and as specified in Section 43 42 00 – 2.02.B.6.u. installation on the vent line is also acceptable. This will be a deferred submittal and alternative methods of pressure relief can be presented by the manufacturer. Question 11: Section 43 42 00 – 2.02 specifies that four lifting lugs are required, while Drawing T1.0 shows only three on the vessel. Could you please advise which requirement is correct? For reference, per industry standard, we typically recommend using two lifting lugs, as this is generally sufficient for handling and helps avoid potential interference with face piping and manways. Response to Question 11: The use of two lifiting lugs is acceptable. Note that the acceptable quantity of lugs can vary based on Tank MFRs as long as the supplied system provides sufficient support, control, and safety of the vessel during installation. Question 12: Drawing sheets E2.0 & E2.1 both show FIT 04070, however this FIT is not shown anywhere on the P&ID’s. Please confirm if this FIT is existing or new. If new, please provide make, model, specifications, etc…. Response to Question 12: There is no existing or new Flowmeter at this location. P309B in the Power Conduit Wire Schedule on drawing sheet E6.2 shall be a SPARE. C101C in the Control Conduit Wire Schedule on drawing sheet E6.3 shall be a SPARE. Question 13: Drawing Sheet E0.0 NOTE 12: “Underground conduits shall be SCH 40 encased with PVC coated galvanized rigid steel bends, elbows, & turn ups. Above ground conduit shall be PVC coated galvanized rigid steel unless noted otherwise.” Specification Section 26 0533.13 does not have the requirement for PVC coated bends elbows, only for stub-up & risers. Please confirm if PVC coated elbows & bends are required for underground PVC conduit installation as well as risers & stub-ups. Response to Question 13: Please follow Note 12 in drawing sheet E0.0. Question 14: Section 46 1300 (GAC Filter Vessels), Part 2, Section B (GAC Media) specifies the use of coconut-based GAC media, COC-AL-60 by Carbon Activated. Has the City already procured this specific media, or is there flexibility to propose an alternative GAC media type? Response to Question 14: The City encourages all proposers to submit bids based on the existing specifications, including any addendums. After the bids are opened, lowest bidder may submit a substitution request to the City for consideration. Question 15: The addition of garnet prior to the GAC is mentioned, but no specifications are provided. Is a garnet bottom layer required for this installation? Response to Question 15: There is no need for a garnet bottom layer. See Response #6 Question 16: Will the primary mode of operation for the GAC vessels be lead/lag or parallel configuration? Response to Question 16: The primary mode of operation for the GAC vessels will be in a parallel configuration. Question 17: Clarify that the Pressure Vessels are Owner Furnished. Section 2 - Scope of Work states that they are contractor furnished, however spec section 46 1300 GAC Filter Vessels state the Owner has procured the vessels for the contractor to install. If owner furnished please confirm if the City has possession of the Vessels currently and does the City have shop drawings / submittals yet from the manufacturer? Response to Question 17: The Contractor shall furnish and install the four (4) GAC vessels per bid item No. 31. See Response #6 Question 18: Section 46-1300-2.01-B-2 mentions COC-AL60 12X30 Mesh shall be used above the garnet in a 48” high layer. What size is the garnet and what is the media depth, other than the word “garnet” a size and depth is not mentioned in specifications or addendum. Attached is a spec from a previous project in Huntington Beach as a reference. Response to Question 18: There is no need for a garnet bottom layer. See Response #6 Question 19: The technical table of contents doesn't list the Pressure Vessel System, however it is within the specs in section 43 4221. Response to Question 19: In the technical table of contents page 00 0110-4, DELETE the following: DIVISION 43 PROCESS GAS AND LIQUID HANDLING, PURIFICATION, AND STORAGE EQUIPMENT 43 4143 POLYETHYLENE TANK AND APPURTENANCES DIVISION 46 WATER AND WASTEWATER EQUIPMENT 46 0000 WATER AND WASTEWATER EQUIPMENT 46 0548 VIBRATION AND SEISMIC CONTROLS FOR WATER AND WASTEWATER EQUIPMENT 46 0553 IDENTIFICATION FOR WATER AND WASTEWATER EQUIPMENT 46 0600 COMMON WORK RESULTS FOR PROCESS PUMPS 46 0601 CLOSE COUPLED END SUCTION PUMP 46 1300 GAC FILTER VESSELS 46 5110 COMPRESSED AIR SYSTEMS REPLACE with the following: DIVISION 43 PROCESS GAS AND LIQUID HANDLING, PURIFICATION, AND STORAGE EQUIPMENT 43 4143 POLYETHYLENE TANK AND APPURTENANCES 43 4221 GAC PRESSURE VESSEL SYSTEM DIVISION 46 WATER AND WASTEWATER EQUIPMENT 46 0000 WATER AND WASTEWATER EQUIPMENT 46 0548 VIBRATION AND SEISMIC CONTROLS FOR WATER AND WASTEWATER EQUIPMENT 46 0553 IDENTIFICATION FOR WATER AND WASTEWATER EQUIPMENT 46 0600 COMMON WORK RESULTS FOR PROCESS PUMPS 46 0601 CLOSE COUPLED END SUCTION PUMP 46 1300 GAC FILTRATION MEDIA 46 5110 COMPRESSED AIR SYSTEMS Question 20: Please clarify whether the PLC panel processor is Allen Bradley CompactLogix 5069 Series or 1769 Series. Response to Question 20: The PLC panel processor is Allen Bradley CompactLogix 5069-L320ER per shop drawing on sheet TCP-1 in the plans. Question 21: Please clarify that the RIO panel processors are Automation Direct/CLICK PLUS C2-03CPU-2. Response to Question 21: The RIO Panel Processors are KOYO CLICK C2-03CPU-2 per the shop drawing in the plans. Question 22: Please clarify who is providing the SCADA programming. Response to Question 22: The City is responsible for the SCADA programming. Question 23: Could you please confirm if all control panels, including the PLCs, are owner-furnished? Also, could you advise on who is responsible for the programming? Response to Question 23: The 5 control panels are owner-furnished and stored at the site. Please see sheet page number 92-135 for Control Planel Shop drawings. PACE is responsible for PLC programming. Question 24: We respectfully request an extension to the current bid due date for the Lampson Well Treatment System project. Several factors have impacted our team’s ability to compile a thorough and competitive proposal by the existing deadline: • Holiday Timing – The current bid date falls near the Fourth of July, which is the largest summer holiday, limiting the availability of key personnel and subcontractors. • Project Complexity – The scope and scale of the project require significant coordination, detailed takeoffs, and comprehensive vendor outreach. • Conflicting Bid Dates – We’ve identified that other large similar type projects are scheduled to bid on the same date, further straining resources and subcontractor availability. We suggest a bid extension of 10-14 calendar days to allow all parties adequate time to prepare and ensure a fair and competitive bidding environment. Response to Question 24: Bid Due date has been extended to July 16. END OF ADDENDUM By order of the City of Seal Beach, ___________ _________________ 6/26/25 Deputy Director of Public Works/City Engineer Date Attachments - ATTACHMENT A – Updated Bid Proposal Sheets 77 BID PROPOSAL (ADDENDUM #2) CITY OF SEAL BEACH LAMPSON WELL TREATMENT SYSTEM PROJECT CIP NO. WT 1902 BID SHEETS Bidder’s Name: ____________________________________________________________ To the Honorable Mayor and Members of the City Council: In compliance with the Notice Inviting Bids, the undersigned hereby agrees to execute the Contract to furnish all labor, materials, equipment and supplies for the Project in accordance with the Contract Documents to the satisfaction and under the direction of the City Engineer, at the following prices: Base Bid Items Item No. Description Unit Quantity Unit Price (in Figures) Extended Price (in Figures) 1 Mobilization, Construction Trailer, Permits, Bonds, Insurance, Construction Scheduling, and Demobilization LS 1 $__________ $____________ 2 Prepare Storm Water Pollution Prevention Plan (SWPPP) and Install and Maintain Construction BMPs LS 1 $__________ $____________ 3 Prepare and Implement a Shoring Plan by a California Liscensed LS 1 $__________ $____________ 4 Prepare Spill Prevention and Emergency Response Plan LS 1 $__________ $____________ 5 Prepare Traffic Control Plans by a California Licensed Traffic Engineer LS 1 $__________ $____________ 6 Implement Traffic Control LS 1 $__________ $____________ 7 Pothole Existing Utilities and Confirm Tie-in Locations LS 1 $__________ $____________ 8 Survey and Verify All Elevations and Dimensions Of Existing Utilities and Confirmed Tie-in Locations LS 1 $__________ $____________ 9 Site Demolition Per Plan, Remove Existing Chainlink Fence, Clearing and Grubbing LS 1 $__________ $____________ 78 10 Pressure Testing and Pipe Disinfection LS 1 $__________ $____________ 11 Site Excavation, Scarification, Recompaction, CAB, and Remove & Dispose Excess Soil LS 1 $__________ $____________ 12 Furnish and Install All Labor, Material and Equipment Required to Construct Buried 12" PVC Drain Pipe, Junction Boxes, Thrust Blocks, Pavement Restoration and Appurtenances to Existing Storm Drain Pipe Per Plans LF 110 $__________ $____________ 13 Furnish and Install All Labor, Material and Equipment Required to Construct Buried 12" PVC Drain Pipe, Junction Boxes, Thrust Blocks, Pavement Restoration and Appurtenances to Existing Sewer Manhole Per Plans LF 70 $__________ $____________ 14 Furnish and Install All Labor, Material and Equipment Required to Construct Buried 6" PVC Drain Pipe, Junction Boxes, Thrust Blocks, Pavement Restoration and Appurtenances to Existing Sewer Manhole Per Plans LF 50 $__________ $____________ 15 Furnish and Install All Labor, Material and Equipment Required to Modify Existing Sewer Manhole and Connect 6" PVC Drain Pipe EA 1 $__________ $____________ 16 Furnish and Install All Labor, Material and Equipment Required to Construct Buried 4" PVC Perforated Drain Pipe Per Plans LF 135 $__________ $____________ 17 Furnish and Install All Labor, Material and Equipment Required to Construct Buried 16" CMCL Welded Steel Influent Pipe, Valve, Fittings, Thrust Blocks, Pavement Restoration and Appurtenances with Cathodic Protection Per Plans LF 100 $__________ $____________ 18 Furnish and Install All Labor, Material and Equipment Required to Construct Buried 16" CMCL Welded Steel Effluent Pipe, Valve, Fittings, Thrust Blocks, Pavement Restoration and Appurtenances LF 85 $__________ $____________ 79 with Cathodic Protection Per Plans 19 Furnish and Install All Labor, Material and Equipment Required to Tie-in Existing 16" Well Discharge to CMCL Welded Steel Influent and Effluent Piping Per Plan, Including and Not Limited to Thrust Blocks, Pavement Restoration, Valves, Fittings and with Associated Appurtenances Per Plans LS 1 $__________ $____________ 20 Furnish and Install Buried 18" PVC Drain Pipe, Vault, Pavement Restoration and Appurtenances to Existing Storm Drain Vault Per Plans LF 30 $__________ $____________ 21 Furnish and Install Buried 4" PVC Pipe, Junction Boxes, Pavement Restoration and Appurtenances for Separate Future Communication Fibers Per Plans LF 100 $__________ $____________ 22 Furnish and Install all Labor, Material, and Equipment Required to Construct Buried 6" PVC Sewer Pipe, Fittings, Trench, and Pavement Restoration LF 50 $__________ $____________ 23 Furnish and Install All Labor, Material and Equipment Required to Modify Existing Sewer Manholes and Connect 6" PVC Sewer Pipe EA 2 $__________ $____________ 24 Furnish and Install Various Diameters PVC Conduits and Conductors, Junction Boxes and Appurtenances for Electrical System Per Plans LS 1 $__________ $____________ 25 Furnish and Install Various Diameters PVC Conduits and Conductors, Junction Boxes, and Appurtenances for Instrumentations and Controls Per Plans LS 1 $__________ $____________ 26 Furnish and Install Buried 2" PVC Pipe Sleeve, Fittings, Chlorine Tubing, Injector, Pavement Restoration and Appurtenances to the Existing Chlorine Injection LS 1 $__________ $____________ 80 Piping Per Plans 27 Furnish and Install Buried 3" 316 Stainless Steel Air Pipe, Junction Boxes, Valves, Fittings, Pavement Restoration and Appurtenances Per Plans LF 120 $__________ $____________ 28 Furnish and Install Two 7.5 HP Air Compressors, Piping, Fittings, and Appurtenances Per Plans LS 1 $__________ $____________ 29 Furnish and Install Reinforced Concrete Pad, with Concrete Access Ramps for the Treatment System Per Plans LS 1 $__________ $____________ 30 Furnish and Install Various Diameters Above Ground Stainless Steel Influent and Effluent Header Pipes with Supports, Fittings, and Appurtenances Per Plans LS 1 $__________ $____________ 31 Transport and Install Four (4) Owner-Furnished 12' Diameter Steel Pressure Vessels Per Plans LS 1 $__________ $____________ 32 Furnish and Install Various Diameters Above Ground Stainless Steel Pipes From Each Pressure Vessels with Supports, Valves, Fittings, and Appurtenances Per Plans LS 1 $__________ $____________ 33 Furnish and Install Various Diameters Above Ground Stainless Steel Pipes From the Pump Pad with Pumps, VFDs, Mazzei Injectors, Steel Rack, Supports, Valves, Fittings, and Appurtenances to Each Pressure Vessels Per Plans LS 1 $__________ $____________ 34 Furnish and Install Various Diameters Electrically Actuated Isolation/Modulating Valves, Butterfly, and Ball Valves Per Plans LS 1 $__________ $____________ 35 Furnish and Install Various Diameters Manual Isolation Valves, Such as Air Vacuum/Release, Butterfly, and LS 1 $__________ $____________ 81 Ball Valves Per Plans 36 Furnish and Install Various Above Ground Electrical and Communication Conduits and Conductors for Each Vessel LS 1 $__________ $____________ 37 Furnish and Install Pre-Fabricated Fiberglass Structure, Railings, Bollards, A/C System, Lighting, and Receptacles Per Plans LS 1 $__________ $____________ 38 Furnish and Install 12' Diameter Detention Tank Per Plans LS 1 $__________ $____________ 39 Furnish and Install Concrete Pad for Detention Tank LS 1 $__________ $____________ 40 Furnish and Install Various Diameters Flow Meters, with Conduits, Conductors, Fittings, and Appurtenances Per Plans LS 1 $__________ $____________ 41 Furnish and Install Electrical Conduits, Conductors, Power Sub- Panel, and Owner-Furnished Central Control Panel Inside the New Fiberglass Structure LS 1 $__________ $____________ 42 Furnish and Install 8' Tall CMU Block Walls Per Plans LF 180 $__________ $____________ 43 Treatment System Set-Up and Start-Up Testing (Assume 5 Days) EA 5 $__________ $____________ 44 Provide two (2) Separate Four (4) Hour Training Sessions on all Newly Installed Equipment LS 1 $__________ $____________ 45 Provide two (2) Hard Copies and the Electronic Copies of Newly Installed Equipment O&M Manuals LS 1 $__________ $____________ 82 Base Bid Items Item No. Description Unit Quantity Unit Price (in Figures) Extended Price (in Figures) TOTAL BASE BID PRICE (ITEMS NO. 1 THROUGH 45) $ WORDS FIGURES IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL Note: Items may be adjusted or deleted. Therefore, regardless of total actual volume (percentage) compared to estimated quantities, the unit prices provided above by the Bidder shall be applied to the final quantity when payment is calculated for these items. No adjustment in the unit prices will be allowed. The City reserves the right to not use any of the estimated quantities; and if this right is exercised, the Contractor will not be entitled to any additional compensation. Cost of all export of material shall be included in the above unit costs; no additional compensation will be granted for such expenses. TOTAL BID PRICE = BASE BID AMOUNT TOTAL BID PRICE IN DIGITS: $____________________ TOTAL BID PRICE IN WORDS: _________________________________________________ Alternate Bid Deduction Items #A1 and #A2 Below (Not Used for Base Bid) – Since Stainless Steel pipes are more costly than carbon steel with fusion-bonded epoxy coating and lining, provide below the amount of cost savings if Bid Items #32 and #33 were changed to carbon steel instead. A1 Provide the Amount of Cost Saving to Bid Item #32 if Bid Item #32 for the Above Ground Pipes Were Changed to Carbon Steel with Fusion-Bonded Epoxy Coating and Lining LS 1 $__________ $____________ A2 Provide the Amount of Cost Saving to Bid Item #33 if Bid Item #33 for the Above Ground Pipes Were Changed to Carbon Steel with Fusion-Bonded Epoxy Coating and Lining LS 1 $__________ $____________ 83 NOTE: The City reserves the right to award a Contract to the lowest responsible Bidder in parts or in its entirety and reserves the right to reject all Bids and re-advertise, as appears to be in the best interests of the City. A Bid is required for this entire Work, the estimated quantities set forth in this Bid Sheet being solely for the purpose of comparing Bids, and final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. The unit and/or lump sum prices bid shall include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amount bid, unit prices shall govern over extended amounts, and words shall govern over figures. The City reserves the right to increase or decrease the amount of any quantity shown and to delete any item from the Contract. The undersigned Bidder agrees that, if awarded the Contract, Bidder will complete all Work according to the Contract Documents. The undersigned Bidder is licensed in accordance with the requirements of the Business and Professions Code, California Contractor's License No.-_________________, Class ________________ (REQUIRED AT TIME OF AWARD). Legal Business Name of Bidder Business Address Business Tel. No. Signature Date Title Signature Date Title Signature Date Title If Bidder is an individual, name and signature of individual must be provided, and, if he or she is doing business under a fictitious name, the fictitious name must be set forth. If Bidder is a partnership or joint venture, the complete legal name of partnership/joint venture and state of formation must be provided, followed by signatures of all of the partners/joint venturers or fewer than all of the partners/joint venturers if submitted with evidence of authority to act on behalf of the partnership/joint venture. If Bidder is a corporation, the complete legal name of corporation and state of incorporation must be provided, followed by signatures of (i) the corporation President or Vice President and (ii) the Secretary or Assistant Secretary, and (iii) the corporate seal. Signatures of partners, joint venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners, joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. AMENDMENT NO. 2 PROFESSIONAL SERVICES AGREEMENT for Lampson Well Treatment Analysis (WTI 902) Professional Engineering Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Pacific Advanced Civil Engineering, Inc. 17520 Newhope Street, Suite 200 Fountain Valley, CA 92708 714) 481-7300 This Amendment No. 2, dated March 22, 2021, amends that certain agreement Agreement") dated December 19, 2019, as previously amended by Amendment No. 1 dated April 27, 2020, by and between the City of Seal Beach ("City"), a California charter city, and Pacific Advanced Civil Engineering, Inc. ("Consultant"), a California corporation. 1 RECITALS A. Effective December 19, 2019, City and Consultant entered into an Agreement for Consultant to provide professional engineering services for the Lampson Well Treatment Analysis, C1 WT1902 ("Project'). B. Effective April 27, 2020, City and Consultant entered into an amendment to the Agreement ("Amendment No. 1") for modified services and increased Consultant's compensation by $29,500, for a revised total contract amount of $62,500. C. City and Consultant wish to amend the Agreement, as previously amended by Amendment No. 1, for Consultant to provide additional professional engineering services for the Project, and to increase Consultants compensation by $379,105 for those additional services required in connection with the Project, for a revised total compensation in the not -to -exceed amount of $441,605 as provided herein. AMENDMENT NO.2 NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows: Section 1. Section 1.0 (Scope of Services) of the Agreement, is hereby amended to add Subsection 1.1.2 to read as follows: 1.1.2 Consultant shall provide those additional engineering services hereinafter "Additional Services") set forth in the attached Exhibit A-2 Consultant's Scope of Services -- Additional Services), which are hereby incorporated by reference. To the extent that there is any conflict between Exhibits A, A-1, A-2, B, this Agreement, Amendment No. 1, and Amendment No. 2, Amendment No. 2 to this Agreement shall control." Section 2. Section 2.0 (Term) of the Agreement is hereby amended in its entirety to read as follows: 2.0 Term 2.1 Except as modified by Sections 2.2 and 2.3, the term of this Agreement shall commence as of the Effective Date, and shall continue for a term of one (1) year unless previously terminated as provided by this Agreement. 2.2 Notwithstanding Section 2.1, the term of Amendment No. 1 for the performance of the Additional Services (as set forth in Exhibit A-1) shall commence as of the Effective Date of Amendment No. 1, and shall continue for a period of one (1) year ending April 13, 2021, unless previously terminated as provided by this Agreement or extended by the City Manager with 30 days' prior notice. 2 2.3 Notwithstanding Sections 2.1 and 2.2, the term of Amendment No. 2 for the performance of the Additional Services (as set forth in Exhibit A-2) shall commence as of the Effective Date of Amendment No. 2, and shall remain in full force and effect until December 31, 2025, unless previously terminated as provided by this Agreement." Section 3. Section 3.0 (Consultant's Compensation) of the Agreement is hereby amended in its entirety to read as follows: 3.1 City will pay Consultant in accordance with the hourly rates shown on the fee schedules set forth in Exhibit A (for Services) and Exhibit A-1 (for Additional Services), but in no event will the City pay more than the total not -to -exceed amount of $62,500 for the Services (Exhibit A) and Additional Services (Exhibit A-1). Any additional work authorized by the City pursuant to Section 1.5 will be compensated in accordance with the fee schedules set forth in Exhibits A and A-1, and shall not exceed the amount authorized by the City Council at time of award or amendment. 3.1.1 City will pay Consultant in accordance with the hourly rates shown on the fee schedules set forth in Exhibit A-2 (for Additional Services), but in no event will the City pay more than the not -to -exceed amount of $379,105 for those Additional Services set forth in Exhibit A-2; and City shall pay no more than the revised total contract amount not -to -exceed $441,605 for all services under the Agreement (Exhibit A), Amendment No. 1 (Exhibit A-1), and Amendment No. 2 Exhibit A-2). Any additional work authorized by the City pursuant to Section 1.5 under Amendment No. 2 will be compensated in accordance with the fee schedule set forth in Exhibit A-2, and shall not exceed the amount authorized by the City Council at time of amendment. 3.2. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. Any additional work authorized by the City Council pursuant to this Section will be compensated in accordance with the fee schedules set forth in Exhibit, Exhibit A-1 or Exhibit A-2."" Section 4. Subsection 15.6 is hereby added to Section 15.0 (Insurance) of the Agreement to read as follows: 15.6. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its officers, agents, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants or other subcontractors." Section 5. All references to the term "Agreement' throughout Sections 1.0 through 30.0, inclusive, of the Agreement are hereby modified to include the Agreement dated December 19, 3 2019, Amendment No. 1, dated April 27, 2020, and this Agreement No. 2, dated March 22, 2021, as if all of those terms are fully set forth therein. Section 6. Except as expressly modified or supplemented by this Amendment No. 2, all other provisions of the Agreement, as previously amended by Amendment No. 1, shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Amendment No. 2 and the provisions of the Agreement and/or Amendment No. 1, the provisions of this Amendment No. 2 shall control. 4 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be executed and attested by their proper officers thereunto: CITY OF SEAL BEACH CONSULTANT: Pacific Advanced Civil Engineering, Inc., a California cor tion Jil Ingram, City Ma By: RpVAT p Attest: ", 4 *a :fVame. Duncan Lee C-3 By: Q a s: Principal, QA/QC Manager - Utilities Division Gloria arper, Ci' g Approved as F FG By: By: Name: Mark E. Krebs aig . Steele, City Attorney Its: President Please note, two signatures required for corporations under Corp. Code §313, unless corporate documents authorize only one person to sign this Agreement on behalf of the corporation.) 5 EXHIBIT A-2 Consultant's Scope of Services -- Additional Services PACE Advanced Water Engineering AUTHORIZATION FOR CHANGE ORDER TO: City of Seal Beach, Public Works Dept. ATTN: Iris Lee 211 Eighth Street DATE: Seal Beach, CA 90740 PROJECT Phone (562) 431-2527 x1322 C.O. AUTH. #: February 10, 2021 B629 — Lampson Well Treatment Analysis — Pilot Project 2 Revision 1 PACE is requesting authorization for an additional budget to perform the following new tasks. Overview: When Lampson Well runs for long periods or at higher flow rates, there is a significant increase in Hydrogen sulfide (H2S) concentrations. While H2S is identified under the National Secondary Drinking Water Regulations for aesthetic effects and is not a health and safety concern, the "rotten egg odor" from H2S is very distinct and can generate consumer complaints. The staffs current short-term solution is to increase chlorine dosage and minimize the well's operation to reduce odor development. A more permanent solution is desired to increase well production capacity and operational flexibility while reducing strain on the other three wells. The pilot study concluded a total of two (2) viable treatment options through the use of Granular Activated Carbon (GAC). They are: Biological Activated Carbon (BAC) treatment Passive Regeneration of GAC At this stage, the City intends to design a permanent H2S removal system at Lampson Well with PACE. Description of Scope: Our services and "optional" service will be described as follows: Task A — Project Management (Total of $20.450): Al — Overall Project Management — Email, phone, meeting correspondence, general project management, and to assist with funding opportunities. A2 — Kick-off Meeting — 1 full day or two (2) half-day initial kick-off meeting with City staff to define and refine project scope and objectives. A3 — Progress & Project Development Meetings — PACE will meet with City staff to go over progress at every significant milestone and to meet more frequently if deemed necessary with City staff. A4 — Establish & Routine Update Project Schedule — The project schedule will be generated through Microsoft Projects. PACE will update the schedule bi-monthly or more frequently if deemed necessary with City staff. Task B — Research and Data Collection (Total of $24.615): 131 — Field Site Review, Research, Review, and Data Collection — PACE will review all applicable and relevant data, including and not limited to record drawings, water quality reports, SCADA data, site visits, and City standard plans and specifications. B2 — Additional Piloting for Design Parameters — PACE will assist City staff in collaborating with the California State Division of Drinking Water (DDW) to determine the required pilot objectives and data Iris Lee — Change Order #2 (Revision 1) February 10, 2021 Lampson Well Treatment Analysis — Pilot Project— City of Seal Beach / #B629 Page 2 of 5 necessary for the City to design the treatment system. PACE assumes City will perform typical water quality testing as required for the pro'ect. B3 — Microbian Diversity Analysis (BAC Only) — PACE will provide equipment, materials, and labor to examine the GAC media samples from additional piloting for microbial communities that may be responsible for sulfide oxidation and removal. PACE will test the GAC media samples to identify specific sulfur -oxidizing microorganisms (bacteria), such as Acidithiobacillus spp. and Thiobacillus spp. The possible presence of ammonia -oxidizing bacteria will also be examined. Two (2) samples will be extracted after three (3) weeks, and an additional two (2) samples after six (6) weeks of growing biomass. B4 — Geotechnical Service and Report — PACE will hire Ninyo & Moore to update the original September 19, 2008, Geotechnical Evaluation Lampson Avenue Well Report. The updated report will contain updated soil design parameters for the additional structural loads from the proposed treatment vessels. Task C — Utility Research and Base Mapping (Total of $8,405): C1 — Notify U.S.A. to Field Mark Underground Utilities — PACE will assist City staff in requesting U.S.A. to field mark underground utilities within the proposed project limit. C2 — Utility Research with a Utility Log — PACE will review applicable record drawings and U.S.A. markings to determine existing underground utilities within the proposed project limit. C3 — Topographic Survey (Secondary wl Pump Station Pad as Bench at 0') — PACE will utilize in-house staff and equipment to determine the existing elevation of unimproved areas, areas of potential conflict, and all points of connections. The bench will be the current concrete pump station pad with an assumed secondary elevation of 0'. Task D — Preliminary Design Report (PDR) (Total of $42,935): D1 — Concept Site Layout Plans (2 Layout Alternatives) — PACE will develop two (2) optimal site layout alternatives for City staff consideration. The minimum requirement for consideration is constructability, accessibility, and maintainability. The valving arrangement will be designed with actuated valves to automate the treatment system for removing H2S using either the BAC or passive regeneration method. Filter -to -waste and bypass cycles will also be managed through actuated valves. Additional manual lead -lag valve arrangement will be necessary to handle future removal of PFAS. Each concept plan will be around eight (8) sheets, consist of a site plan, site elevation, mechanical plan, storm drain piping, sewer piping, airline and air compressor layout, P&ID, and electrical single -line. D2 — 90% & 100% Preliminary Design Report (PDR) Submittal — PACE will collaborate with City staff to develop critical design and operation parameters, including selecting major equipment in the PDR. D3 — Preliminary Cost Estimate — PACE will develop a "rough" cost estimate for the City to validate necessary funding to design and construct the proposed treatment system. D4 — Architectural Site Elevation of Final Layout Alternative — PACE will develop site elevation exhibits that can be included in the contract documents or used for various public presentations. D5 — Public Presentations (City Council, Town Hall Outreach, etc) — PACE will collaborate with City staff to support or make presentations at four (4) various public meetings, including any City Council or town hall outreach efforts. Task E — Construction Documents (Total of $113,990): E1 — Engineering Plans (50%, 90%, and 100% Final Submittals) — PACE will develop construction plans, including general, civil, mechanical, structural, electrical, and instrumentation plan sheets for the treatment system. Final plans is expected to have over forty (40) plan sheets. It will include and are PACE Iris Lee — Change Order #2 (Revision 1) February 10, 2021 Lampson Well Treatment Analysis — Pilot Project— City of Seal Beach / #B629 Page 3 of 5 not limited to title sheet, general notes, boundary map, demo plan, site plan, grading plan, civil details, yard piping plan, water line and connection, sewer line and connection, storm drain line and connection, air supply line and compressor plan, site elevation plan, mechanical plans, mechanical sections, mechanical details, steel tank plans, foundation plans, structural details, structural calculations, fencing plans and details, filters P&ID plans, chemical injection and sampling modification plans, single line diagram, panel schedule, conduit and wire schedule, electrical and power control conduit plan, and electrical details. E2 — Special Provisions and Technical Specifications (90% and 100% Final Submittals) — PACE will prepare bid specifications in City format. E3 — Cost Estimate (90% and 100% Final Submittals) — PACE will prepare an engineer's cost estimate to be included in the bid package and a more conservative estimate for budgetary purposes. Task F — CEQA and Permitting (Total of $20,435): F1 — Assist w/CEQA Categorical Exemption — PACE can provide necessary information and assistance to City staff to utilize CEQA Categorical Exemption for the treatment project on an existing well site. F2 — Assist City to Obtain Initial DDW Approval to Proceed with Design and Construction — PACE will collaborate with City staff to submit a package to DDW to obtain permission to proceed with the proposed treatment design and construction of the treatment system. The DDW package will include the final technical memorandum from the pilot study and a concept site plan. F3 — Assist w/ Conditional Use Permit (Planning) — PACE can provide necessary information and assistance to City staff to obtain any required Planning permit, including preparing exhibits or attending meetings. F4 —Assist w/ Building Permit (Building & Safety) — PACE can provide necessary information and assistance to City staff to obtain any required Building & Safety permit, including preparing additional engineering details or calculations. F5 — Prepare DDW Water Quality Monitoring Plan — PACE will collaborate with City staff to develop a comprehensive water quality monitoring plan to satisfy DDW. The monitoring plan will be more comprehensive for the 1St year of operation and less stringent once the treatment system is operating correctly. DDW will likely require monitoring treated water from each treatment vessel and aggregate water before released to the City's drinking water network. PACE assumes City will perform typical water Quality testing as required for the project. F6 — Update Technical Memorandum of the Pilot Study — Upon completion of any additional pilot testing and laboratory testing, PACE will update the technical memorandum of the pilot study and will be submitted to DDW for final approval to operate the treatment system. F7 — Assist City to Obtain Final DDW Approval to Place Treatment System in Operation — PACE will collaborate with City staff to submit a final DDW package for permission to operate the new treatment system and distributed treated effluent into the City's drinking water network. Task G — Construction & Post Construction Support (Total of $49,955): G1 — Bid Support — PACE will assist City staff with bid support, including and not limited to pre-bid meetings, bid review, and addendums. G2 — Construction Engineering Support — PACE will assist City staff with construction engineering support, including and not limited to pre -construction meetings, site meetings, review submittals, respond to RFIs, and evaluate contractor's change order requests. G3 — Provide Guidance and Direction for Treatment Start -Up — Once construction is substantially completed to test the treatment system, PACE will collaborate with City staff and the contractor and 1 PACE Iris Lee — Change Order #2 (Revision 1) February 10, 2021 Lampson Well Treatment Analysis — Pilot Project— City of Seal Beach / #B629 Page 4 of 5 provide guidance to start-up the treatment system. The short duration testing period will not be sending treated effluent into the City drinking water network but will be disposed of through the existing storm drain piping. G4 — Provide Operator Training (2 Sessions) — Once the contractor is off-site and the City has taken full ownership of the new treatment system, PACE will coordinate with City staff to provide two (2) full sessions of operator training. Training will include the ability and option to treat using the BAC method or the passive regeneration method. G5 — Provide Two (2) Years of Remote System Monitoring (Includes Wireless Service) — PACE will have the ability to monitor the treatment system remotely and to advise City staff if changes and maintenance are necessary. PACE will not control or change control of the treatment system unless specifically requested by an authorized City operation staff. PACE will perform this service for two (2) years. G6 — Prepare O&M Manual — After the treatment system operates for a reasonable amount of time, PACE will collaborate with City staff to develop a simple to use O&M manual. The manual will show the start-up of the treatment system, shut down the system, clean the system through backwashing, and regenerate GAC media through passive venting. Furthermore, there will be one full electronic manual with quick navigation links, and a separate compact manual meant for day to day operators. G7 — Record Drawings — PACE will prepare record drawings from the contractor's redline mark-up plans. Optional Task H (Total of $98,320): H1 rOptionalj — Custom Build & Program Stainless Steel Control Panel (2 Phases of Programmingi — PACE will design a new filtration control panel for the treatment system and its four 14s water treatment filter vessels. The new control panel will provide automatic and manual control of each vessel s multiple modulating valves. The control panel will be programmed to isolate throttle and redilate flow as required not exceed treatment capacity and regulate flow for backwash cycles The design will include shop drawing preparation of all hardware and layout of the proposed panel PACE will procure materials and hardware for the panel fabricate the panel and program the panel for 2 phases of use 1 phase is to have an operational HMI screen to manually control automated valves for the treatment s,/stern to ensure connectivity and open and close properly After the treatmentsystem Is in operation for se eral months and a desired automated approar( identified ;y PACE and the City 2" and final phase programming will automate the treatment system's process to simplify operators' steps and reduce the opportunity to operate the t,eatrnar.t syste- ,nco-ectly Br ng terminations and m;;unt ng the panel at tre project site shall be provided by the City s contrac?o" while PACE will provide independent field s/steam loop checks testing, and debugging The O&M manual will be updated per the final HMI design centro! panel will be provided wits, tag arrays for City s SCADA integrator to separately a,,,dlater lie—into Cit, s existing SCADA PACE anticipate the `allow ng tentative list of major hardware (not all tithe` ancilla:,, erg .ilp-ent not Show' below; PLC Processor PLC Power SuPPI PLC Backplane Color Touchscreen UPS for Panel NEMA 4X 304SS Enciosore Interior Back Panel Swingout Panel v'Ireinss Ethernet Bridge Back -rip Conventional :Auto -d al Alarm 1J^,t PACE Iris Lee — Change Order #2 (Revision 1) February 10, 2021 Lampson Well Treatment Analysis — Pilot Project— City of Seal Beach / #B629 Page 5 of 5 COInoenSation: PACE will complete the work outlined herein and invoice the City monthly on a percentage of completion basis for the Not -To -Exceed amount of $280,785 in accordance with the attached hourly rate and engineering fee estimate. NOTE: All of the above fees are Not -To -Exceed amounts and will not be exceeded without prior written consent. Task Description: Professional Fee: Task A — Project Management $ 20,450 Task B — Research and Data Collection $ 24,615 Task C — Utility Research and Base Mapping $ 8,405 Task D — Preliminary Design Report (PDR) $ 42,935 Task E — Construction Documents $113,990 Task F — CEQA and Permitting $ 20,435 Task G — Construction & Post Construction Support $49,956 This Request - Change Order #2: Task H (Optional) — Custom Build & Prograrm SS Control Panel $ 98,320 Estimated By: February 10, 2021 Duncan Lee, PE — PACE Date AGREED TO AND ACCEPTED BY: Iris Lee, P.E. - City of Seal Beach Date 1 PACE SON=== 80411803801*1 1. -1111-1111 11141111 1114111111g11 saoinuag ioJ asd wnS dwnj 1ej01gnS slsooySej E a IelolgnS 10Mod ueVl JeS (uwnlooaajSlaaS) X1'111111®1"'1'11Q1"'1'1111''b11 ibS (uwnioo aad Sl aaS) 0111101111.'0111 11111 111c1111111b11 II'd (uwnloo oad Sl aaS) 111101111 uiN (uwnloo aad Sl aaS) 1111 1111 111011111:` 111011111Q III 11101111111011 11101111111; IONIC 1 11 1lun A3AJI1S Sd9 OM mill ddnS uiwPV S9 S m cool lau6isap3iydeiJ OLLS - mill ls6jeuV S19! oadS jV9 Olt$ -,,,, iau61sa0 OVA is DOLS mill iaaw6u3 u6isat) O£tS a iaaw6u31uels1ssV O£LS,,,,',,',,'8®„®`,®®,®,', laaui6u3l3aloJd 093 N 10®I N Jaaulbu3 130fOld JS Sit$ —,,,, w Ell mill v 1111- 0,,,'v 111111 mill': III 111 III lco a l„l'v m,,,,c?og 0000G oil III III g 0G 11-„1 UIII 1800®DOj= epi OBI plepadS'luo9'8'isulIS OLZS ^'„©' i00u16u3 le3143813 JS SKS N mill ia6eueIN Uafoid is SZZS ZL l®l ledmuud 5SZS mill v mill oclo mill oll III lull 1111 aol 1110,,,,,,,'x„ oolllll' lli q a O _ m Cr F ON wall A 12 Z MINOR sls00y5elleiol S031AJOS io; as j wnS dwnl z IelolgnS s3s03 Msel E E lelolgnS JOmOd ueVI jeS (uwnlo0 aad Sl aaS) ibS (uwnloo aaj Sl oaS) 1"11'1 1121 (uwnloo aad Sl aaS) wN (uwnlo0 as j Sl aaS) ilun 6anmS Sd9 OYZS uiwpV 1 yoddnS S9 $ jau6isap oigdeiq Ott$ ls6leuV SI91 oadS OVO OLtS iau6lsa0 OVA is OPL$ iaaw61-13 u6lsa0 OU$ a J03w6u33uelsissV OM a iaaw6u3130fad 09t$ E iaaw6u3looloid is S9t$ W 3silmodS luo0 g lsul is OLZS iaau161-131eauloal3 JS 9M ia6eueW looload is SZ" milli lediouud SSZS 0 E 3 ON wall pArlAnllatl I I FTTIFRI ACORO` CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 2/22/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0757776 CONTACT NAME: ac°,"x ,Ext): (949) 623-3980 ac, Ne):(949) 891-0407NewportBeach, CA - HUB International Insurance Services Inc. 4695 MacArthur Court Suite 600 ADDRESS, Newport Beach, CA 92660 INSURERS AFFORDING COVERAGE NAIC /< INSURER A: Evanston Insurance Company 35378 DAMAGE TO RENTED 300,000 rr INSURED INSURER B: Nationwide Mutual Insurance Company 23787 INSURER C: Oak River Insurance Company 34630PacificAdvancedCivilEngineeringInc. (PACE) INSURER D: Arch S ecial Insurance Company 2119917520NewhopeStreetSuite120 Fountain Valley, CA 92708 INSURER E INSURER F : AUTOMOBILE X X COVERAGES CERTIFICATE NUMBER- REVISION NUMBER - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRT TYPE OF INSURANCE ADOL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMBS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X MKLV5PBC001833 4/30/2020 4/30/2021 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 300,000 rr MED EXP (Any oneperson) $ PERSONAL & ADV INJURY $ 1'000'000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X JECOT- LOC OTHER: CAP:$10,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 EBL AGGREGATE 11000,000 B AUTOMOBILE X X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIREDX NON -OWNEDAUTOSONLYAUTOSONLY X ACP BA 3009722129 4/30/2020 4/30/2021 COMBINED SINGLE LIMIT nt)$ 1,000,000 BODILY INJURY Perperson) BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident A X UMBRELLA L1113 EXCESS LIAB X OCCUR CLAIMS -MADE MKLV5EUL102438 4/30/2020 4/30/2021 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? F—] Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIAE.L. X PAWC229051 3/2/2021 3/2/2022 X I PER OTH- STATUTE ER EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 D D PROF & POLL LIAB RETRO DATE: 1/1/1995 CPPOO55298-07 CPPOO55298-07 4/30/2020 4/30/2020 4/30/2021 4/30/2021 EACH CLAIM $3M / DED 150,000 AGG $6M/ DED 450,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space Is required) RE: Operations of the named insured during the current policy term. City of Seal Beach, its directors, officials, officers, employees, agents and volunteers are additional insured with respect to the General Liability and Auto Liability as per written contract with the named insured and attached endorsements. Excess Liability Follows Form. 30 day notice of cancellation applies per policy provisions and endorsements. CERTIFICATE HOLDER f-etur1171 I ATlnu AGUKLJ ZD (ZU101U3) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Seal Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 211 - 8th Street ACCORDANCE WITH THE POLICY PROVISIONS. Seal Beach, CA 90740 AUTHORIZED REPRESENTATIVE AGUKLJ ZD (ZU101U3) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: MKLV5PBC001833 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations As required by written contract executed by both parties Applies to Commercial Work only prior to loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: As required by written contract executed by both parties prior to loss Applies to commercial work only If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your Work" for that insured by or for you. CG20101185 Copyright, Insurance Services Office, Inc. Policy Number: MKLV5PBC001833 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locations Of Covered Operations As required by written contract executed by both parties All locations prior to loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or deliv- ering to us advance written notice of cancella- tion. 2. We may cancel this policy by mailing or deliver- ing to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel- lation if we cancel for nonpayment of premi- um; or b. 30 days before the effective date of cancel- lation if we cancel for any other reason. INTERLINE IL 00 17 11 98 b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 3. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be ef- fective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be suffi- cient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and rec- ords as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; 4. a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes in- surance inspections, surveys, reports or rec- ommendations. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordi- nances or regulations, of boilers, pressure ves- sels or elevators. E. Premiums The first Named Insured shown in the Declara- tions: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representa- tive. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 0 COMMERCIAL AUTO AC 70 05 03 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO PROTECTION - GOLD This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SUMMARY OF COVERAGES A. Effect of This Endorsement B. Newly Acquired or Formed Entities C. Employees as Insureds - Nonowned Autos D. Additional Insured by Contract, Permit or Agreement E. Supplementary Payments - Bail Bonds F. Supplementary Payments - Loss of Earnings G. Personal Effects and Property of Others Extension H. Prejudgment Interest Coverage I. Fellow Employee - Officer, Managers and Supervisors J. Hired Auto Physical Damage K. Temporary Substitute Autos - Physical Damage Coverage L. Expanded Towing Coverage M. Auto Loan or Lease Coverage N. Original Equipment Manufacturer Parts - Leased Private Passenger Types O. Deductible Amendments P. Rental Reimbursement Coverage Q. Expanded Transportation Expense R. Extra Expense - Stolen Autos S. Physical Damage Limit of Insurance T. New Vehicle Replacement Cost U. Physical Damage Coverage Extension V. Transfer of Rights of Recovery Against Others To Us W. Section IV - Business Auto Conditions - Notice of and Knowledge of Occurrence X. Hired Car Coverage Territory Y. Emergency Lock Out Z. Cancellation Condition AC 70 05 0316 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 7 with its permission COMMERCIAL AUTO AC 70 05 0316 A. EFFECT OF THIS ENDORSEMENT Coverage provided under this policy is modified by the provisions of this endorsement. If there is any conflict between the provisions of this endorsement and the provision(s) of any state - specific endorsement also attached to this poli- cy, then the provision(s) of the state -specific endorsement shall apply instead of the provi- sions of this endorsement that are in conflict, but only to the extent of the conflict, and only to the extent necessary to bring such provisions into conformance with the state requirement(s) contained in the provision(s) of the state -specific endorsement. B. NEWLY ACQUIRED OR FORMED ENTITIES The Named Insured shown in the Declarations is amended to include any organization you newly acquire or form, other than a partnership, joint venture, or limited liability company, and over which you maintain ownership or majority (more than 50%) interest; if there is no other similar in- surance available to that organization. Coverage under this provision is afforded until the 1801h day after you acquire or form the organization or the end of the policy period, whichever is later. C. EMPLOYEES AS INSUREDS - NONOWNED AUTOS The following is added to paragraph A.1. Who Is An Insured of SECTION II - COVERED AUTOS LIABILITY COVERAGE: d. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your per- sonal affairs. D. ADDITIONAL INSURED BY CONTRACT, PERMIT OR AGREEMENT The following is added to A.1. Who Is An In- sured of SECTION II - COVERED AUTOS LIABILITY COVERAGE: Any person or organization that you are re- quired to name as an additional insured in a written contract or agreement that is executed or signed by you prior to a "bodily injury' or property damage" occurrence is an "insured" for Covered Auto Liability coverage. How- ever, with respect to covered "autos", such person or organization is an insured only to the extent that person or organization qualifies as an "insured" under A.1. Who is an Insured of SECTION II - COVERED AUTOS LIABILITY COVERAGE: If specifically required by the written contract or agreement referenced in the paragraph above, any coverage provided by this endorsement to an additional insured shall be primary and any other valid and collectible insurance avail- able to the additional insured shall be non- contributory with this insurance. If the written contract does not require this coverage to be primary and the additional insured's coverage to be non-contributory, then this insurance will be excess over any other valid and collectible insur- ance available to the additional insured. E. SUPPLEMENTARY PAYMENTS - BAIL BONDS Supplementary Payments of SECTION II - COVERED AUTOS LIABILITY COVERAGE is revised as follows: 2) Up to $2,500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. F. SUPPLEMENTARY PAYMENTS - LOSS OF EARNINGS Supplementary Payments of the SECTION II - COVERED AUTOS LIABILITY COVERAGE is revised as follows: 4) All reasonable expenses incurred by the "in- sured" at our request, including actual loss of earnings up to $500 a day because of time off from work. G. PERSONAL EFFECTS AND PROPERTY OF OTHERS EXTENSION 1. The. Care, Custody or Control Exclusion of SECTION II - COVERED AUTOS LIABILITY COVERAGE, does not apply to property damage" to property, other than your property, up to an amount not exceed- ing $250 in any one "accident". Coverage is excess over any other valid and collectible insurance. 2. The following paragraph is added to A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE: c. We will pay up to $500 for your property that is lost or damaged as a result of a covered "loss", without applying a de- ductible. Coverage is excess over any other valid and collectible insurance. Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc. AC 70 05 0316 with its permission H. PREJUDGMENT INTEREST COVERAGE The following paragraph is added to SECTION II COVERED AUTOS LIABILITY COVERAGE, 2. Coverage Extensions, a. Supplementary Payments: 7) Prejudgment interest awarded against the insured" on that part of the judgment we pay. If we make an offer to pay the appli- cable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. I. FELLOW EMPLOYEE — OFFICERS, MANAGERS, AND SUPERVISORS The Fellow Employee Exclusion in SECTION II COVERED AUTOS LIABILITY COVERAGE is replaced as follows; A. "Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the con- duct of your business. This exclusion does not apply to an "insured" who occupies a position as an officer, manager, or supervi- sor. J. HIRED AUTO PHYSICAL DAMAGE If covered "auto" designation symbols 1 or 8 ap- ply to Liability Coverage and if at least one "au- to" you own is covered by this policy for Com- prehensive, Specified Causes of Loss, or Colli- sion coverages, then the Physical Damage coverages provided are extended to "autos" you lease, hire, rent or borrow without a driver; and provisions in the Business Auto Coverage Form applicable to Hired Auto Physical Damage apply up to a limit of $100,000. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. Any Compre- hensive deductible does not apply to fire or lightning. K. TEMPORARY SUBSTITUTE AUTOS — PHYSICAL DAMAGE COVERAGE The following is added to paragraph C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos of SECTION I - COVERED AUTOS: If Physical Damage Coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Physi- cal Damage Coverage: Any "auto" you do not own while used with the permission of its owner as a temporary COMMERCIAL AUTO AC 70 05 0316 substitute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss'; or e. Destruction The coverage that applies is the same as the coverage provided for the vehicle being replaced. L. EXPANDED TOWING COVERAGE 1. We will pay up to: a. $100 for a covered "auto" you own of the private passenger type, or b. $500 for a covered "auto" you own that is not of the private passenger type, for towing and labor costs incurred each time the covered "auto" is disabled. Howev- er, the labor must be performed at the place of disablement. 2. This coverage applies only for an "auto" covered on this policy for Comprehensive or Specified Causes of Loss Coverage and Collision Coverages. 3. Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". M. AUTO LOAN OR LEASE COVERAGE 1. In the event of a total "loss" to a covered auto", we will pay any unpaid amount due on the loan or lease, including up to a max- imum of $500 for early termination fees or penalties, for your covered "auto" less: a. The amount paid under SECTION III — PHYSICAL DAMAGE COVERAGE of this policy; and b. Any: 1) Overdue lease/loan payments at the time of the "loss"; 2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; 3) Security deposits not refunded by a lessor; 4) Costs of extended warranties, Credit Life insurance, Health, Accident, or Disability insurance purchased with the lease; and AC 70 05 0316 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 7 with its permission COMMERCIAL AUTO AC 70 05 0316 5) Carry-over balances from previous leases. 2. This coverage only applies to a 'loss" which is also covered under this policy for Com- prehensive, Specified Causes of Loss, or Collision coverage. 3. Coverage does not apply to any unpaid amount due on a loan for which the covered auto" is not the sole collateral. N. ORIGINAL EQUIPMENT MANUFACTURER PARTS — LEASED PRIVATE PASSENGER TYPES Under Paragraph C. Limit of Insurance of SECTION III — PHYSICAL DAMAGE COVERAGE, Section 4 is added as follows: 4. We will use new original equipment vehicle manufacturer parts for any private passen- ger type covered "auto" where required by the lease agreement which has a term of at least six months. If a new original equip- ment vehicle manufacturer part is not in pro- duction or distribution we may use a like, kind and quality replacement part. O. DEDUCTIBLE AMENDMENTS The following are added to the Deductible provi- sion of SECTION III — PHYSICAL DAMAGE COVERAGE: If another policy or coverage form that is not an automobile policy or coverage form issued by this company applies to the same "accident", the following applies: 1. If the deductible under this coverage is the smaller (or smallest) deductible, it will be waived: 2. If the deductible under this coverage is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. If a Comprehensive or Specified Causes of Loss Coverage "loss' from one "accident' involves two or more covered "autos", only the highest deductible applicable to those coverages will be applied to the "accident," if the cause of the loss is covered for those vehicles. This provision only applies if you carry Comprehensive or Specified Causes of Loss Coverage for those vehicles, and does not extend coverage to any covered autos" for which you do not carry such coverage. No deductible applies to glass if the glass is re- paired, in a manner acceptable to us, rather than replaced. P. RENTAL REIMBURSEMENT COVERAGE 1. This coverage applies only to a covered "au- to" for which Physical Damage Coverage is provided on this policy. 2. We will pay for rental reimbursement ex- penses incurred by you for the rental of an auto" because of 'loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto." No deductibles apply to this coverage. 3. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: a. The number of days reasonably required to repair or replace the covered auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered auto" and return it to you. b. The number of days shown in the Schedule. 4. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses incurred. b. $75 for any one day or for a maximum of 30 days. 5. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. 6. If "loss" results from the total theft of a cov- ered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement ex- penses which is not already provided for un- der SECTION III — PHYSICAL DAMAGE COVERAGE Coverage Extension. Q. EXPANDED TRANSPORTATION EXPENSE Paragraph AA.a. of SECTION III — PHYSICAL DAMAGE COVERAGE is replaced by the follow- ing: We will pay up to $50 per day to a maximum of 1500 for temporary transportation expense in- curred by you because of the total theft of a Page 4 of 7 Includes copyrighted material of Insurance Services Office, Inc AC 70 05 03 16 with its permission. covered "auto" of the private passenger type. We will only pay for those covered "autos" for which you carry Comprehensive or Specified Causes of Loss Coverage. We will pay for tem- porary transportation expenses incurred during the period beginning 24 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". R. EXTRA EXPENSE — STOLEN AUTOS The following paragraph is added to Coverage Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE: c. We will pay for up to $5,000 for the expense of returning a stolen covered "auto" to you. We will pay only for those covered "autos" for which you cant' Comprehensive or Spec- ified Causes of Loss Coverage S. PHYSICAL DAMAGE LIMIT OF INSURANCE Under SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph C., Limit of Insurance is replaced by the following: C. Limit Of Insurance 1. The most we will pay for "loss" in any one accident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the loss", or b. The cost of repairing or replacing the damaged or stolen property. 2. $1500 is the most we will pay for "loss" in any one "accident" to all electronic equip- ment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: a. Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the in- stallation of such equipment. b. Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or c. An integral part of such equipment. 3. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". 4. The cost of repairing or replacing may: a. Be based on an estimate which includes parts furnished by the original equip - COMMERCIAL AUTO AC 70 05 0316 ment manufacturer or other sources in- cluding non -original equipment manu- facturers and b. If a repair or replacement results in bet- ter than like kind or quality, we will not pay for the amount of the net improve- ment. 5. If we offer to pay the actual cash value of the damaged or stolen property, we will value auto advertising wraps, paint customi- zation, and similar business related advertis- ing modifications, in addition to the actual cash value of the property. Auto advertising wraps, paint customization, and similar business related advertising modifications will be valued at the cost to replace them with an adjustment made for depreciation and physical condition. T. NEW VEHICLE REPLACEMENT COST The following is added to the Limit of Insurance provision of SECTION III — PHYSICAL DAMAGE COVERAGE: 5. The provisions of paragraphs 1. and 3. do not apply to a covered "auto" of the private passenger type or a vehicle with a gross vehicle weight rating of 20,000 pounds or less which is a "new vehicle." In the event of a total "loss" to your new ve- hicle to which this coverage applies, we will pay at your option: a. The verifiable "new vehicle" purchase price you paid for your damaged vehi- cle, not including any insurance or war- ranties purchased; b. If it is available, the purchase price, as negotiated by us, of a "new vehicle" of the same make, model, and equipment or the most similar model available, not including any furnishings, parts, or equipment not installed by the manufac- turer or manufacturers' dealership; or . c. The market value of your damaged ve- hicle, not including any furnishings, parts, or equipment not installed by the manufacturer or manufacturer's dealer- ship. We will not pay for initiation or set up costs associated with loans or leases As used in this endorsement, a "new vehicle" means an "auto" of which you are the original owner that has not been previ- AC 70 05 0316 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 7 with its permission COMMERCIAL AUTO AC 70 05 0316 ously titled and which you purchased less than 365 days before the date of the "loss". U. PHYSICAL DAMAGE COVERAGE EXTENSIONS Under SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, Coverage Exten- sions, b. Loss of Use Expenses is replaced by the following: b. Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" be- comes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use ex- penses if caused by: 1) Other than collision if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; 2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto"; or 3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto." However, the most we will pay for any expenses for loss of use is $50 per day, to a maximum of $1,500. The insurance provided by this provision is excess over any other collectible insurance. V. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: We waive any right of recovery we may have against any person or organization to the extent required of you by a written con- tract executed prior to any "accident' be- cause of payments we make for damages under this coverage form. W. NOTICE OF AND KNOWLEDGE OF OCCURRENCE a. Your obligation in the Duties in the Event of Accident, Claim, Suit or Loss Condi- tion relative to notification requirements applies only when the "accident' or loss" is known to: 1) You, if you are an individual; 2) A partner, if you are a partnership; 3) A member, if you are a limited liability company; or 4) An executive officer or insurance manager, if you are a corporation. b. Your obligation in the. Duties in the Event of Accident, Claim, Suit or Loss Condition relative to providing us with documents concerning a claim or "suit' will not be considered breached unless the breach occurs after such claim or "suit' is known to: 1) You, if you are an individual; 2) A partner, if you are a partnership; 3) A member, if you are a limited liability company; or 4) An executive officer or insurance manager, if you are a corporation. X. HIRED CAR — COVERAGE TERRITORY Item (5) of the Policy Period, Coverage Territory General Conditions is replaced by the following: 5) AnyMiere in the world if a covered "auto' is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and Y. EMERGENCY LOCKOUT We will reimburse you up to $100 for reasonable expense incurred for the services of a locksmith to gain entry into your covered "auto' subject to these provisions: 1. Your door key, electronic key or key entry pad has been lost, stolen or locked in your covered "auto' and you are unable to enter such "auto' , or 2. Your keyless entry device battery dies and you are unable to enter such "auto' as a re- sult, SECTION IV —BUSINESS AUTO 3. Your key, electronic key or key entry pad CONDITIONS, Paragraph A is amended as has been lost or stolen and you have follows: changed the lock to prevent an unauthorized 6. NOTICE OF AND KNOWLEDGE OF entry; and OCCURRENCE Page 6 of 7 Includes copyrighted material of Insurance Services Office, Inc AC 70 05 0316 with its permission. 4. Original copies of receipts for services of a locksmith must be provided before reim- bursement is payable. Z. CANCELLATION CONDITION Paragraph A.2. of the COMMON POLICY CONDITION — CANCELLATION applies except as follows: COMMERCIAL AUTO AC 70 05 03 16 If we cancel for any reason other than non- payment of premium, we will mail or deliver to the First Named Insured written notice of cancellation at least 60 days before the ef- fective date of cancellation. This provision does not apply in those states that require more than 60 days prior notice of cancella- tion. AC 70 05 0316 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 7 with its permission WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC990410C Ed. 01-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be calculated by applying a factor of 2% to the total manual premium, with a minimum initial charge of $350, then applying all other pricing factors for the policy to this calculated charge to derive the final cost of this endorsement. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Blanket Waiver Person/Organization Blanket Waiver — Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Job Description Waiver Premium (prior to adjustments) All CA Operations 633.00 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 03/02/2020 PolicyNo.: PAWC126019 Endorsement No.: Insured: Premium $ Insurance Company: Oak River Insurance Company Countersigned by WC990410C Ed. 01-19) PROFESSIONAL SERVICES AGREEMENT for Lampson Well Treatment Analysis — Pilot Project Professional Engineer Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 0 Pacific Advanced Civil Engineering, Inc. 17520 Newhope Street, Suite 200 Fountain Valley, CA 92708 714) 714-481-7300 This Professional Service Agreement ("the Agreement') is made as of December 19, 2019 (the "Effective Date"), by and between Pacific Advanced Civil Engineering, Inc. Consultant'), a California C Corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain professional engineering services for the Lampson Well Treatment Analysis — Pilot Project. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City desires to engage Consultant to provide professional engineering services in the manner set forth herein and more fully described in Section 1.0. C. Consultant represents that the principal members of its firm are qualified professional engineers and are fully qualified to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.OScope of Services 1.1. Consultant shall provide those services (collectively "Services") set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant's staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Consultant's work by the City shall not operate as a release of Consultant from such standard of care and workmanship. 2of14 1.5. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. The term of this Agreement shall commence on December 19, 2019, and shall remain in full force and effect until June 30, 2020 unless sooner terminated as provided in Section 5.0 of this Agreement. 3.0 Consultant's Compensation 3.1. City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for the Services but in no event will the City pay more than the total not -to -exceed amount of $33,000.00 (Thirty -Three Thousand dollars) for the Original Term. 3.2. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. Any additional work authorized by the City Council pursuant to this Section will be compensated in accordance with the fee schedule set forth in Exhibit A. 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon 24-hour notice from City, Consultant shall allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights 3of14 under this Section 4.2 shall survive for three (3) years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Duncan Lee is the Consultant's primary representative for purposes of this Agreement. Duncan Lee shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 -8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: Pacific Advanced Civil Engineering, Inc. 17520 Newhope Street, Suite 200 Fountain Valley, CA 92708 Attn: Duncan Lee, P.E. 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 4of14 8.0 Independent Contractor 8.1. Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant's employees or other personnel under Consultant's supervision, and Consultant and all of Consultant's personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Consultant will determine the means, methods, and details by which Consultant's personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 8.2. All of Consultant's employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant's personnel shall not supervise any of City's employees; and City's employees shall not supervise Consultant's personnel. Consultant's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant's personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant's choice, except as otherwise may from time to time be necessary in order for Consultant's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant's performance of any Services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 8.3. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant's personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not 5of14 become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 8.4. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 8.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. 9.0 PERS Compliance and Indemnification 9.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees' Retirement Law, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees' Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations. 9.2. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's violation of any provisions of this Section 9.0. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. 6of14 10.0 Confidentiality Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. 11.0 Subcontractors No portion of this Agreement shall be approval of the City. Consultant is fully of any and all subcontractors. 12.0 Assignment subcontracted without the prior written responsible to City for the performance Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 13.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 13.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 14.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards 7of14 outlined by CAL OSHA. The City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor. 15.0 Insurance 15.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 15.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers' Compensation and Employer's Liability coverages; and (4) if required by the City, Professional Liability coverage (or Errors and Omissions coverage). Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers' Compensation in the amount required by law and Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease; and (4) Professional Liability (or Errors and Omissions Liability, as appropriate): $1,000,000 per claim/aggregate, and if a "claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 15.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the 8of14 City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 15.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 15.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Consultant guarantees that, at the option of the City, either: 1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 16.0 Indemnification, Hold Harmless, and Duty to Defend Consultant and the City agree that the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials collectively "Indemnitees" in this Section 16.0) should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, liability, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs and/or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to the City and all other Indemnitees. Consultant acknowledges that the City would not have entered into this 9of14 Agreement in the absence of the commitment of Consultant to indemnify and protect the City and the other Indemnitees, as set forth in this Agreement. 16.1. Indemnity for Desiqn Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, indemnify and hold harmless the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively Indemnitees" in this Section 16.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense (collectively "Claims"), whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a "design professional," as the term is defined under California Civil Code § 2782.8(c). Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant's proportionate percentage of fault. 16.2. Other Indemnitees. Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Damages"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Damages with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 10 of 14 16.3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 16.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 16.4. The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnitees. Consultant's indemnity obligation set forth in this Section 16.0 shall not be limited by the limits of any policies of insurance required or provided by Consultant pursuant to this Agreement. 16.5. Consultant's covenants under this Section 16.0 shall survive the expiration or termination of this Agreement. 17.0 Equal Opportunity Consultant affirmatively represents that it is an equal opportunity employer. Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 18.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 11 of 14 19.0 Prevailing Wage and Payroll Records If this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, then Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein. 20.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 21.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 22.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 23.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 24.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 25.0 Prohibited Interests; Conflict of Interest 25.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any 12 of 14 employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 25.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 25.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection 26.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 27.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 28.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. 13 of 14 IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL JrCH CONSULTANT: Pacific Advanced Civil o Engineering, Inc., a California C ty-{Manager By. .. - S erg "VV -0 -, n"Ce o- 04 Name: Its: Attest: By: r i, Approved as to Form: u L U By: Craig A. Steele, City Attorney PrCtte+t f Please note, two signatures required for corporations pursuant to California Corporations Code Section 313 from each of the following categories: (i) the chairperson of the board, the president or any vice president, and (ii) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation.) 14 of 14 EXHIBIT A Consultant's Proposal PACE Advanced Water Engineering December 9, 2019 Iris Lee, Deputy Public Works Director/ City Engineer City of Seal Beach Public Works Department 211 Eighth Street Seal Beach, CA 90740 562) 431-2527 x1322 Re: City of Seal Beach # B629 Lampson Well Treatment Analysis - Pilot Program Dear Iris, PACE is pleased to provide our proposal for engineering services for the "Lampson Well Treatment Analysis - Pilot Program". Attached are our Scope of Services, Compensation, Hourly Rate Schedule and Provisions. We appreciate the opportunity to be of service to the City of Seal Beach and look forward to working with you and your staff for the pilot study. Please contact me if there are any questions or if we may provide any additional information. Sincerely, Duncan Lee, PE Principal, QA/QC Manager— Utilities Division DL/sg Enclosures: Scope of Services, Compensation, Hourly Rate Schedule and Provisions. PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES City of Seal Beach Lampson Well Treatment Analysis - Pilot Program 8629 The Lampson Water Well (Well) is owned and operated by the City of Seal Beach (City) and is located at the easterly end of the Old Ranch Country Club on Lampson Avenue. This Well is one (1) of four (4) City water wells, with onsite sodium hypochlorite (NaOCI) disinfection system. Historical water quality data provided by City staff showed relatively high range of sulfide concentrations level and City has encountered instances of customer complaints about odor issues. Consequently, this newest City well, built around 2009 is operating at low flow rates to minimize concerns for odor complaints. At the recent pre -proposal site visit by PACE, water quality analysis performed by PACE staff revealed that ground water from the Well does have hydrogen sulfides (H2S) concentration around 50 µg/L (0.050 mg/L), which will produce a nuisance odor. Odor is identified under the National Secondary Drinking Water Regulations for aesthetic effects, and is not a health and safety concern. Another side effect is typical chlorine dosage rate is significantly higher when the ground water has such concentration of H2S, driving up chemical cost at this Well. This proposal is submitted to the City to investigate the feasibility of PACE's Hybrid Biological Activated Carbon (HBAC) treatment to reduce/remove H2S odor, and to reduce chlorine chemical dosage. This pilot study will be carried out by deploying PACE's 5 -column pilot skid and the 8 -foot tall pilot skid. OBJECTIVE: The proposed pilot system shall operate for approximately 9 weeks, which would provide preliminary design parameters including much needed information for State Health Department approval and potential funding opportunities. Our services will include the following tasks: (1) deploy, startup, water sample monitoring, and demobilize pilot skids (9 weeks), (2) Chlorine demand test and microbial diversity analysis (2 weeks), and (3) a technical memorandum with a PowerPoint presentation (3 weeks). PACE anticipates a total of 14 weeks to complete all identified tasks. SECTION A - SCOPE OF SERVICES: A. PACE agrees to perform the following services: Task 1— Pilot Skids Installation, Water Sample Monitoring and Demobilization PACE shall provide equipment, materials, and labor to perform an approximate 9 -weeks pilot test at the Well. Both the 5 -column pilot skid and the 8 -foot tall pilot skid will be deployed at the Well site. PACE shall be responsible for transportation, installation and startup of pilot skids while the City shall be responsible to provide required footprint, access, electrical power and raw well water supply. The 5 -column pilot skid consist of transparent filtration columns (3 -inch diameter and 2.5 feet length) which could be configured in parallel or series flow configuration. Individual columns can be separately 1 PACE Lampson Well - Lampson Well Treatment Analysis - Pilot Program (City of Seal Beach) December 9, 2019 Scope and Compensation for ##629 Page 2 of 4 backwashed and air -scoured with raw water and portable air compressor respectively. The proposed configuration plan for the Well is shown on Figure 1. Lampson Well — Raw Feed (without Pretreatment) Filter Filter Filter 1 2 3 15" of 15" of 15' of GAC) f GAC) i i I GAC) i n Filter Filter 4 5 15" of 15" of Plastic GAC) Media) 700gpm 8.91 gpm/ Figure 1: Proposed pilot configuration for five -column pilot skid First three filter columns shall be configured in parallel to evaluate different surface loading rates for full scale treatment design and backwash frequency for conventional Biological Activated Carbon (BAC) only treatment while filter column 4 and S will be in series to illustrate performance of PACE's HBAC treatment option. The 9 -week duration of pilot has been tentatively scheduled as follows. e 1 — 3 Weeks: - Initiation of HBAC treatment to exhaust Granular Activated Carbon GAC (GAC) media and to allot time for natural sulfide oxidizing bacterial growth e 4 — 6 Weeks: - 15Y Cycle of Treatment (Initiated after backwashing all filter columns) e 7 — 9 Weeks: - 2"d Cycle of treatment (Initiating after backwashing required columns only) The 8 -foot tall pilot skid will be filled with 4 feet of plastic media (NSF61 approved) and 2 feet of GAC media. This skid will also be capable of raw water backwash and air -scouring. Water samples will be collected at least once a week to monitor odor, hydrogen sulfide, and other water quality parameters as outlined in Table 1 below. Sensitive water quality parameters will be tested on site while other water quality tests will be carried out at PACE lab within 24 -hours after sampling. Individual flow rates and change in differential pressures for all filter columns will also be record to estimate full scale backwash frequency. PACE will coordinate and work in good faith with City's water distribution operations to conduct analysis to not create undue burden on the City's system. PACE 500 gpm 6.37 Bpm/ 700 gpm _ 8.91 gpm/ 900 gpm 11.46 gpm/ 700 gpm 8.91 gpm/ 700gpm 8.91 gpm/ sgft 5q -ft.) 5aR.) sq.ft.) , I sq -ft.) Figure 1: Proposed pilot configuration for five -column pilot skid First three filter columns shall be configured in parallel to evaluate different surface loading rates for full scale treatment design and backwash frequency for conventional Biological Activated Carbon (BAC) only treatment while filter column 4 and S will be in series to illustrate performance of PACE's HBAC treatment option. The 9 -week duration of pilot has been tentatively scheduled as follows. e 1 — 3 Weeks: - Initiation of HBAC treatment to exhaust Granular Activated Carbon GAC (GAC) media and to allot time for natural sulfide oxidizing bacterial growth e 4 — 6 Weeks: - 15Y Cycle of Treatment (Initiated after backwashing all filter columns) e 7 — 9 Weeks: - 2"d Cycle of treatment (Initiating after backwashing required columns only) The 8 -foot tall pilot skid will be filled with 4 feet of plastic media (NSF61 approved) and 2 feet of GAC media. This skid will also be capable of raw water backwash and air -scouring. Water samples will be collected at least once a week to monitor odor, hydrogen sulfide, and other water quality parameters as outlined in Table 1 below. Sensitive water quality parameters will be tested on site while other water quality tests will be carried out at PACE lab within 24 -hours after sampling. Individual flow rates and change in differential pressures for all filter columns will also be record to estimate full scale backwash frequency. PACE will coordinate and work in good faith with City's water distribution operations to conduct analysis to not create undue burden on the City's system. PACE Lampson Well - Lampson Well Treatment Analysis - Pilot Program (City of Seal Beach) December 9, 2019 Scope and Compensation for #B629 Page 3 of 4 The following water quality parameters will be tested on a weekly basis. Table 1— Water quality parameters tested in Task 01 Clans, Parameter Me d Equipment Nlajt r pH* Handheld probe Hach HQ40d Secondary Drinking Water Standard Conductivity Handheld probe OAKTON PCTS 50 Secondary Drinking Water Standard Secondary Drinking WaterTDSHandheldprobeOAKTONPCTS50 Standard ORP* Handheld probe ORPTestr 10 Oxidation Status of the Well General water DO* Handheld probe Hach HQ40d Sensitive for Sulfide Oxidation HACH DR 2800 / Hach Secondary Drinking WaterColor* HACH 8025 DR 900 Standard Turbidity HACH 2100 Secondary Drinking Water TURBIDIMETER Standard Temperature* Handheld probe Hach HQ40d Sensitive for biological activity Sulfide* HACH 8131 HACH DR 2800 Ion of Concern Sulfate HACH 8051 HACH DR 2800 By product of Sulfide Oxidation Nutrient / Sensitive for Sulfide Nitrate- N HACH 10206 HACH DR 2800 Oxidation Ions Ammonia - N HACH 10023 HACH DR 2800 Nutrient for biological activity Secondary Drinking WaterIronHACH8008HACHDR2800 Standard Secondary Drinking WaterManganeseHACH8149HACHDR2800 Standard Remarks: * tests will be conducted onsite for sensitive water quality parameters. After completion of the pilot study, PACE shall remove all pilot equipment from Well site. Task 02 — Chlorine Demand Test and Microbial Diversity Analysis PACE shall provide equipment, materials, and labor to perform a comprehensive chlorine demand tests on raw water and chlorinated water from the Well, to determine the amount of reduction in chlorine demand from the HBAC treatment system. The chlorine demand test shall be conducted on site immediately after the samples are collected. PACE shall carryout microbial diversity analysis on raw well water and biomass growth on GAC media with duplicates to confirm presence of sulfide oxidizing bacterial population. These samples shall be collected twice during end of each stages of treatment and PACE will send them to RTL genomics laboratory for microbial diversity analysis. O PACE Lampson Well - Lampson Well Treatment Analysis - Pilot Program (City of Seal Beach) December 9, 2019 Scope and Compensation for #8629 Page 4 of 4 Task 03 —Technical Memorandum and Presentation PACE shall prepare a Technical Memorandum (TM) to summarize results of the analysis, findings, and provide recommendations data collected from Task 01 and Task 02. Should the City decide to pursue a full scale implementation of PACE's HBAC treatment system, the TM will need to be submitted to the state health regulatory agency for future approval. PACE will also prepare a PowerPoint presentation for the City. SECTION B - COMPENSATION: PACE will complete the work outlined herein and invoice client monthly on a not -to -exceed fee of 33,000 in accordance with the attached "Hourly Labor and Expenses Rates Schedule". Task Description Professional Fee 01 Pilot Skids Installation, Water Sample Monitoring and Demobilization $ 21,000 02 Chlorine Demand Test and Microbial Diversity Analysis $ 5,000 03 Technical Memorandum and Presentation 7,000 TOTAL FEE (Not -to -Exceed): $33,000 ASSUMPTIONS AND EXCLUSIONS: 1. The City shall provide PACE with all available base data and project information in a timely manner, coordination and management of other team consultant(s) to assure that the project schedule can be met, and prompt payment of invoices in accordance with the terms and conditions included herein. The specific items that are to be provided by the City or other consultant(s) include the following: a. Historical water quality monitoring results b. As built drawings for the Well site including mechanical and electrical drawings c. Distribution system maps to identify service area boundaries and piping 2. Any proposed project changes initiated by the City, and not a result of PACE's conduct of business which affect work in progress or previously completed will be justification for additional compensation. 3. No environmental documentation or support, including no environmental permitting. 4. No surveying or construction staking is included. 5. Local government approval meetings, hearings, etc. will be under separate work authorization, if required. 6. Existing utility information research and mapping is not included and will be provided by the City. 7. The fees proposed herein shall apply until one year from date of agreement. Due to ever- changing costs, PACE will increase those portions of the contract fee for which work must still be completed after one year from date of proposal, as negotiated with the City up to a maximum of five -percent (5%). PACE 77\\| w 2 2§Ipx U.§ uz2\m 77 2 m w I6Z0L ! EXHIBIT B TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Consultant's Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit 200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City. 10. Consultant acknowledges that eight hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement. PACIAOU-01 ARODRIGUE ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/6/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0757776 CONTACT Laura LettieriNAME: HUB International Insurance Services Inc. PHONE FAX 4695 MacArthur Court, Suite 600 (A/C, No, Ext): (A/C, No): NewP ort Beach, CA 92660 E-MAILADDRESS: laura.leffieri@hubinternational.com INSURED Pacific Advanced Civil Engineering Inc. (PACE) 17520 Newhope Street Suite 120 Fountain Valley, CA 92708 INSURER(S) AFFORDING COVERAGE INSURER A: Evanston Insurance Company INSURER B: Atlantic Specialty Ins. Co. INSURER C: Berkshire Hathaway Homestate Insurance Company INSURERD:Arch Specialty Insurance Company INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: NAIC # 35378 27154 20044 21199 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. AUTHORIZED REPRESENTATIVE INSR ADOL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE I WVD POLICY NUMBER MM1OD1YYYYI IMWDDIYYYY)LIMITS A X COMMERCIAL GENERAL LIABILITY I EACH OCCURRENCE $ 1'000'000 CLAIMS -MADE X OCCURMKLV5PBC000525 4/30/2019 4/30/2020X DAMAGE TO RENTED PREMISES (Ea occurrence) _ $ 300,000 X $5,000 Ded MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 1'000'000 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 2'000'000 oPOLICYXECT LOC PRODUCTS -COMP/OP AGG $ 2,000,000 CAP:$10,000,000OTHER B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident) $ 1,000,000 X ANY AUTO X 7100322160007 4/30/2019 4/30/2020 BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOSSSWN BODILY INJURY (Per accident) $ AUTOS AUTOS Peri acEciidentDAMAGEONLYONLDY A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 X EXCESS UAB CLAIMS -MADE MKLV5EUL101645 4/30/2019 4/30/2020 AGGREGATE $ 10'000'000 DED RETENTION $ C WORKERS COMPENSATIONPER AND EMPLOYERS' LIABILITY OTH- X STATUTE ER - Y / N IPAWC019790 3/2/2019 3/2/2020ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N / A Mandatory in NH) 1'000'000 If yes, describe under E . DISEASE - EA EMPLOYEE $ 1,000,000DESCRIPTIONOFOPERATIONSbelowE.L. DISEASE -POLICY LIMIT $ D PROF & POLL LIAB CPPOO55298-06 4/30/2019 4/30/2020 EACH CLAIM $3M / DED 100,000 D RETRO DATE: 1/1/1995 CPP0055298-06 4/30/2019 4/30/2020 AGGR $6M / DED 300,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Operations of the named insued during the current policy term. City of Seal Beach, its directors, officials, officers, employees, agents and volunteers are additional insured with respect to general liability and auto liability per CG20101185, CG20370704 and VCA201062018. Excess Liability Follows Form. 30 day notice of cancellation applies per policy provisions per (GL) IL00171198, (AUTO) VIL619CA0811 & IWC) WC990607107. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CityCi of Seal Beach 211 - 8th Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Seal Beach, CA 90740 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: As required by written contract executed by both parties prior to loss Applies to commercial work only If no entry appears above, information required to complete this endorsement MR be shown in the Declarations as appkcable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liabi{ity arising out of "your Work" for that insured by or for you. CO20101185 Copyright, Insurance Services Office, Inc. Policy Number: 710-03-22-16-0007 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BROAD FORM AUTOMOBILE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement extends certain coverages. The following listing and the headers in this endorsement are only for convenience. Provisions in this endorsement might be modified by other endorsements. Read the entire policy carefully to determine rights, duties and what is and is not covered. A. Drive Other Car Coverage — Executive Officers 4. Loss of Use Expenses Increased and Certain Individuals 5. Other Coverage Extensions B. Section If — Covered Autos Liability Coverage a. Airbag Discharge b. Auto Theft Reward 1. Additional Insured — Written Contract, c. Loan/Lease Gap Coverage Agreement, Permit or Authorization d. Rental Reimbursement 2. Broadened Named Insured 6. Diminution in Value 3. Employees as Insureds 7. Communications Equipment Including Employee Hired Autos and 8. Deductible Waived For Glass Repair Fellow Employee Coverage) 4. Newly Acquired or Formed Organizations D. Section IV —Business Auto Conditions 5. Supplementary Payments — 1. Duties in Event of Accident, Claim, Suit or Loss Bail Bonds and Loss of Earnings 2. Waiver of Subrogation When Required by C. Section III — Physical Damage Coverage Written Contract or Agreement 1. Hired Auto Physical Damage Coverage E. Section V — Definitions 2. Towing — Any Covered Autos 1. Bodily Injury — Includes Mental Anguish 3. Transportation Expenses Increased 2. Executive Officer A. Drive Other Car Coverage — Executive Officers and Certain Individuals 1. The following is added to Section I — Covered Autos: Drive Other Car Coverage a. For Covered Autos Liability Coverage and Physical Damage Coverage, "autos" in the care, custody or control of an "insured" described in Paragraph 2. below, which you do not own, hire, lease or borrow, are covered "autos". But this does not include any "auto": 1) Owned by any "insured" described in Paragraph 2. below, or any member of their household, including any "auto" that is owned but not insured; 2) Used by an "insured" described in Paragraph 2. below while working in the business of selling, servicing, repairing or parking autos; or 3) Insured or covered under another policy. b. If Medical Payments, Uninsured/Underinsured Motorist, Personal Injury Protection or other compulsory coverages required by the governing jurisdiction are provided by this policy, then an insured" described in Paragraph 2. below, and their family members residing in the same household, are "insureds" while.- 1) hile: 1) Occupying as a passenger; or 2) A pedestrian when struck by; any "auto" you do not own, hire, lease or borrow, except an "auto" owned by an "insured" described in Paragraph 2. below or members of their household, or an "auto" insured or covered under any other policy. VCA 201 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 6 Copyright 2018, INSURED 2. With respect to Drive Other Car Coverage only, Paragraph A.I. Who is an Insured of Section II — Liability Coverage is amended to include as an "insured" the following: If you are designated in the Declarations as: a. An individual, you and your spouse. b. A partnership, your partners and their spouses. c. An organization other than an individual or a partnership, your "executive officers" and their spouses. 3. Limit of Insurance and Deductible The most we will pay for Drive Other Car Coverage is the single highest Limit of Insurance for the applicable coverage for an "auto" you own. The Deductible for Drive Other Car Coverage is the largest Deductible for the applicable coverage for an "auto" you own. 4. Other Insurance Regardless of the existence of other insurance or Paragraph B.5. Other Insurance of Section IV — Business Auto Conditions, Drive Other Car Coverage is primary. B. Section II — Covered Autos Liability Coverage 1. Additional Insured —Written Contract, Agreement, Permit or Authorization Paragraph A.I. Who is an Insured of Section II — Covered Autos Liability Coverage is amended to include as an additional "insured" any person or organization with whom you have agreed in a written contract, agreement, permit or authorization to provide insurance such as is afforded under this Coverage Form but only with respect to liability for "bodily injury" or "property damage" caused in whole or in part by your maintenance, operation or use of a covered "auto". But this insurance does not apply: a. Unless the written contract or agreement has been executed or the permit or authorization has been issued prior to the "accident" that caused the "bodily injury" or "property damage"; b. To any person or organization included as an "insured" under any other provisions of this policy, including this or any other endorsement; c. To the independent acts or omissions of such person or organization; or d. To any lessor of "autos" when their contract or agreement with you for such leased "auto" ends or the lessor or its agent takes possession of the "auto". 2. Broadened Named Insured Paragraph A.1. Who is an Insured of Section 11 — Covered Autos Liability Coverage is amended to include as a Named Insured any legally incorporated entity in which you maintain ownership of more than 50 percent of the voting stock on or after the effective date of this endorsement, but only if there is no other similar insurance available to that organization. This insurance does not apply to any organization that is an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Employees as Insureds (Including Employee Hired Autos and Fellow Employee Coverage) a. Paragraph A.1. Who is an Insured of Section II — Covered Autos Liability Coverage is amended to include as an "insured" your "employee" while: 1) Using a covered "auto" you do not own, hire or borrow in your business or your personal affairs. 2) Operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Exclusion B.5. Fellow Employee of Section II — Covered Autos Liability is deleted. c. The following is added to B.5.b of Section IV — Business Auto Conditions: Any covered "auto" hired or rented without a driver by your "employee" under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business is also deemed to be a covered "auto" you own. VCA 201 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 6 Copyright 2018, 4. Newly Acquired or Formed Organizations Paragraph A.1. Who is an Insured of Section II — Covered Autos Liability Coverage is amended to include as an "insured" any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership or majority interest, if there is no other similar insurance available to that organization. But: 1) Coverage under this provision is afforded only until the end of the policy period; and 2) Coverage does not apply to "bodily injury" or "property damage" caused by an "accident' that occurred before you acquired or formed the organization. 5. Supplementary Payments — Bail Bonds and Loss of Earnings In Paragraph A.2.a. Supplementary Payments of Section II — Covered Autos Liability, the following replaces Paragraphs (2) and (4): 2) Up to $3,500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident' we cover. We do not have to furnish these bonds. 4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. C. Section III — Physical Damage Coverage 1. Hired Auto Physical Damage Coverage a. If hired "autos" are covered "autos" under Section If — Covered Autos Liability Coverage and this policy provides Comprehensive, Specified Causes of Loss Coverage or Collison Coverage for any auto" you own, a hired "auto" will be deemed a covered "auto" for Physical Damage Coverage subject to the provisions in Paragraph b. below. b. For Hired Physical Damage Coverage provided by paragraph a. above: 1) The most we will pay for "loss" to any hired "auto" is the lesser of: a) $75,000 for "autos" of the private passenger type and $50,000 for all other "autos"; b) The actual cash value of the damaged or stolen property as of the time of the "loss"; or c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. 2) The Deductible is the largest Deductible for the applicable coverage for an "auto" you own. 3) This insurance is excess over any other valid and collectible insurance, whether such insurance is primary, excess, contingent or on any other basis. 2. Towing — Any Covered Autos The following replaces Paragraph A.2. Towing of Section III — Physical Damage Coverage: We will pay up to $100 for towing and, if labor is performed at the place of disablement, labor costs incurred each time a covered "auto" is disabled if a premium charge for towing and labor is shown in the Schedule or the Declarations. 3. Transportation Expenses Increased In Paragraph A.4.a. Transportation Expenses of Section III — Physical Damage Coverage, the amounts we will pay amounts we will pay for temporary transportation expenses incurred by you because of the total theft of a covered "auto" of the private passenger type are increased to $75 per day, to a maximum of $2,250. 4. Loss of Use Expenses Increased The following replaces the last paragraph in Paragraph A.4.b. Loss Of Use Expenses of Section III — Physical Damage Coverage: However, the most we will pay for any expenses for loss of use is $1,000. 5. Other Coverage Extensions If you have Physical Damage Coverage, the following are added to Paragraph A.4. Coverage Extensions of Section III — Physical Damage Coverage: VCA 201 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 5 Copyright 2018, a. Airbag Discharge We will pay to reset or replace a covered "auto's" airbag that accidentally discharges without the auto" being involved in an "accident" if the airbag is not covered under a manufacturer's warranty and you did not intentionally cause the discharge. No Deductible applies to this Coverage Extension. b. Auto Theft Reward If you have Comprehensive or Specified Cause of Loss Coverage, we will pay a reward up to 2,000 for information leading to the arrest and conviction of anyone stealing a covered "auto". But we will not pay a reward to you, any family members or "employees" or any public officials while performing their duties. c. Loan/Lease Gap Coverage If a covered "auto" is subject to a long-term loan or lease that requires, in writing, that the lender or lessor be an additional "insured", and you are legally obligated for the remaining balance on the loan or lease, we will pay the difference between the actual cash value of the "auto" at the time of loss" and the remaining balance on your loan or lease. But we will not pay for: 1) Any amount paid under the policy's Physical Damage Coverage; or 2) Any amounts for abnormal or excess wear and tear, additional or high mileage charges, carry-over balances from previous loans or leases, extended warranties or insurance purchased with the loan or lease, lease termination fees, taxes, overdue payments, unreturned security deposits or any penalties, interest or charges resulting from overdue payments. d. Rental Reimbursement We will pay for expenses to rent an "auto" of the private passenger type because of "loss" to a covered "auto" of the private passenger type. But: 1) We will only pay expenses incurred during the policy period at the time of the "loss" and ending, regardless of the policy period, six days after the "loss". 2) The most we will pay is the lesser of: a) Reasonable and necessary expenses actually incurred; or b) $50 per day. 3) This coverage does not apply if a spare or reserve "auto" is available to you. 4) If "loss" is because of the total theft of a covered "auto", we will pay only those amounts that are not already covered under Transportation Expenses. No Deductible applies to this Coverage Extension. 6. Diminution in Value The following is added to Exclusion 13.6. of Section III — Physical Damage Coverage.- This overage: This exclusion does not apply to "diminution in value" of a covered "auto" of the private passenger type used in the conduct of the "insured's" business that is leased, rented, hired or borrowed without a driver for a period of 30 days or less. But the most we will pay for such "diminution in value" is the lesser of: a. 20 percent of the actual cash value of the "auto" as of the time of the "loss"; or b. $7,500. 7. Communications Equipment The following is added to Paragraph B. Exclusions of Section III — Physical Damage Coverage: Exclusions 4.c. and 4.d. do not apply to communications equipment, including its antenna and other accessories, that is permanently installed in, and not removable from, a covered "auto" and designed for use as a: a. Citizen's band radio; b. Two-way mobile radio or telephone; VCA 20106 18 Includes copyrighted material of Insurance Sendces Office, Inc., with its permission. Page 4 of 5 Copyright 2018, c. Scanning monitor receiver; or d. GPS navigation system. No Deductible applies to "loss" to such communications equipment. But the most we will pay for all such communications equipment is $5,000 for any one "loss". 8. Deductible Waived For Glass Repair The following is added to Paragraph D. Deductible of Section III — Physical Damage Coverage: No Deductible applies if glass that is damaged is repaired rather than replaced. D. Section IV — Business Auto Conditions 1. Duties in the Event of Accident, Claim, Suit or Loss The following is added to Paragraph A.2. Duties in the Event of Accident, Claim, Suit or Loss of Section IV — Business Auto Conditions: The requirements that you must notify us of an "accident", claim, "suit" or "loss", or send us documents concerning a claim or "suit", apply only if the "accident", claim, "suit" or "loss" is known to: 1) You, if you are an individual; 2) A partner, if you are a partnership; 3) An "executive officer" or insurance or risk manager, if you are a corporation; or 4) A manager, if you are a limited liability company. The requirement that you must notify us as soon as practicable of an "accident", claim, "suit" or "loss" does not apply if you report the "accident", claim, "suit" or "loss" to your workers' compensation insurer and the "accident", claim, "suit" or "loss" later develops into a liability claim for which coverage is provided by this policy. But as soon as you become aware that an "accident", claim, "suit" or "loss" is a liability claim rather than a workers' compensation claim, you must comply with all parts of Paragraph A.2. Duties in the Event of Accident, Claim, Suit or Loss of Section IV — Business Auto Conditions. 2. Waiver of Subrogation When Required by Written Contractor Agreement The following is added to Paragraph A.5. Transfer of Rights of Recovery Against Others to Us of Section IV — Business Auto Conditions: We will waive any right of recovery against any person or organization because of payments we make for "bodily injury" or "property damage" arising out of the ownership, maintenance or use of a covered auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", but only if the "insured contract" is executed before the "accident" or "loss" occurs. E. Section V — Definitions 1. Bodily Injury — Includes Mental Anguish The following is added to Paragraph C. of Section V — Definitions: Bodily injury" includes mental anguish resulting from bodily injury, sickness, or disease sustained by a person at any time. 2. Executive Officer The following is added to Section V — Definitions: Executive officer" means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document. VCA 201 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 5 Copyright 2018, POLICY NUMBER: MKLV5PBC000525 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations As required by written contract executed by both parties Applies to Commercial Work only prior to loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". CG 20 37 07 04 C ISO Properties, Inc., 2004 Page 1 of 1 17 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or deliv- ering to us advance written notice of cancella- tion. 2. We may cancel this policy by mailing or deliver- ing to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel- lation if we cancel for nonpayment of premi- um; or b. 30 days before the effective date of cancel- lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be ef- fective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be suffi- cient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and rec- ords as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; INTERLINE IL 00 17 11 98 b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes in- surance inspections, surveys, reports or rec- ommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordi- nances or regulations, of boilers, pressure ves- sels or elevators. E. Premiums The first Named Insured shown in the Declara- tions: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representa- tive. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 POLICY NUMBER: 710032216-0007 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL UMBRELLA LIABILITY COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART LIQUOR LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2., 3. and 5. of the Cancellation Common Policy Condition are replaced by the following: 2. All Policies In Effect For 60 Days Or Less If this policy has been in effect for 60 days or less, and is not a renewal of a policy we have previously issued, we may cancel this policy by mailing or delivering to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, advance written notice of cancellation, stating the reason for cancellation, at least: a. 10 days before the effective date of Cancellation if we cancel for: 1) Nonpayment of premium; or 2) Discovery of fraud by: a) Any insured or his or her representative in obtaining this insurance; or b) You or your representative in pursuing a claim under this policy. b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. All Policies In Effect For More Than 60 Days a. If this policy has been in effect for more than 60 days, or is a renewal of a policy we issued, we may cancel this policy only upon the occurrence, after the effective date of the policy, of one or more of the following: 1) Nonpayment of premium, including payment due on a prior policy we issued and due during the current policy term covering the same risks. 2) Discovery of fraud or material misrepresentation by a) Any insured or his or her representative in obtaining this insurance; or b) You or your representative in pursuing a claim under this policy. 3) A judgment by a court or an administrative tribunal that you have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against. 4) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by you or your representative, which materially increase any of the risks insured against. 5) Failure by you or your representative to implement reasonable loss control requirements, agreed to by you as a condition of policy issuance, or which were conditions precedent to our use of a particular rate or rating plan, if that failure materially increases any of the risks insured against. 6) A determination by the Commissioner of Insurance that the: a) Loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial integrity or solvency; or b) Continuation of the policy coverage would: i) Place us in violation of California law or the laws of the state where we are domiciled; or VIL 619 CA 08 11 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 3 Copyright 2011, OneBeacon Insurance Group LLC E -INSURED ii) Threaten our solvency. 7) A change by you or your representative in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased or changed risk, unless the added, increased or changed risk is included in the policy. b. We will mail or deliver advance written notice of cancellation, stating the reason for cancellation, to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, at least: 1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium or discovery of fraud. or 2) 30 days before the effective date of cancellation if we cancel for any other reason listed in Paragraph 3.a. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. The refund, if any, will be computed on a pro rata basis. However, the refund may be less than pro rata if we made a loan to you for the purpose of payment of premiums for this policy. The cancellation will be effective even if we have not made or offered a refund B. The following provision is added to the Cancellation Common Policy Condition: 7. Residential Property This provision applies to coverage on real property which is used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household personal property in a residential unit, if such coverage is written under the following: Commercial Property Coverage Part a. If such coverage has been in effect for 60 days or less, and is not a renewal of coverage we previously issued, we may cancel this coverage for any reason, except as provided in b. and c. below. b. We may not cancel this policy solely because the first Named Insured has: 1) Accepted an offer of earthquake coverage; or 2) Cancelled or did not renew a policy issued by the California Earthquake Authority (CEA) that included an earthquake policy premium surcharge. However, we shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that includes an earthquake policy premium surcharge but fails to pay the earthquake policy premium surcharge authorized by the CEA. c. We may not cancel such coverage solely because corrosive soil conditions exist on the premises_ This restriction (c.) applies only if coverage is subject to the following, which excludes loss or damage caused by or resulting from corrosive soil conditions: Commercial Property Coverage Part C. The following is added and supersedes any provisions to the contrary: Nonrenewal 1. Subject to the provisions of Paragraphs C.2. and C.3. below, if we elect not to renew this policy, we will mail or deliver written notice, stating the reason for nonrenewal, to the first Named Insured shown in the Declarations, and to the producer of record, at least 60 days, but not more than 120 days, before the expiration or anniversary date. We will mail or deliver our notice to the first Named Insured, and to the producer of record, at the mailing address shown in the policy. 2. Residential Property This provision applies to coverage on real property used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household property contained in a residential unit, if such coverage is written under the following: Commercial Property Coverage Part a. We may elect not to renew such coverage for any reason, except as provided in b., c. and d. below. b. We will not refuse to renew such coverage solely because the first Named Insured has accepted an offer of earthquake coverage. Page 2 of 3 Includes copyrighted material of Insurance Services Office, Inc. VIL 619 CA 08 11 Copyright 2011, OneBeacon Insurance Group LLC However, the following applies only to insurers who are associate participating insurers as established by Cal. Ins, Code Section 10089.16. We may elect not to renew such coverage after the first Named Insured has accepted an offer of earthquake coverage, if one or more of the following reasons applies: 1) The nonrenewal is based on sound underwriting principles that relate to the coverages provided by this policy and that are consistent with the approved rating plan and related documents filed with the Department of Insurance as required by existing law; 2) The Commissioner of Insurance finds that the exposure to potential losses will threaten our solvency or place us in a hazardous condition. A hazardous condition includes, but is not limited to, a condition in which we make claims payments for losses resulting from an earthquake that occurred within the preceding two years and that required a reduction in policyholder surplus of at least 25% for payment of those claims; or 3) We have: a) Lost or experienced a substantial reduction in the availability or scope of reinsurance coverage; or b) Experienced a substantial increase in the premium charged for reinsurance coverage of our residential property insurance policies; and the Commissioner has approved a plan for the nonrenewals that is fair and equitable, and that is responsive to the changes in our reinsurance position. c. We will not refuse to renew such coverage solely because the first Named Insured has cancelled or did not renew a policy, issued by the California Earthquake Authority, that included an earthquake policy premium surcharge. d. We will not refuse to renew such coverage solely because corrosive soil conditions exist on the premises. This restriction (d.) applies only if coverage is subject to the following, which excludes loss or damage caused by or resulting from corrosive soil conditions: Commercial Property Coverage Part 3. We are not required to send notice of nonrenewal in the following situations: a. If the transfer or renewal of a policy, without any changes in terms, conditions or rates, is between us and a member of our insurance group. b. If the policy has been extended for 90 days or less, provided that notice has been given in accordance with Paragraph C.1. c. If you have obtained replacement coverage, or if the first Named Insured has agreed, in writing, within 60 days of the termination of the policy, to obtain that coverage. d. If the policy is for a period of no more than 60 days and you are notified at the time of Issuance that it will not be renewed. e. If the first Named Insured requests a change in the terms or conditions or risks covered by the policy within 60 days of the end of the policy period. f. If we have made a written offer to the first Named Insured, in accordance with the timeframes shown in Paragraph C.1., to renew the policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 25%. VIL 619 CA 08 11 Includes copyrighted material of Insurance Services Office, Inc Page 3 of 3 Copyright 2011, OneBeacon Insurance Group LLC WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 07 (Ed 1-07) CALIFORNIA CANCELLATION ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. The cancellation condition in Part Six (Conditions) of the policy is replaced by these conditions: Cancellation: You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. We may cancel this Policy for one or more of the following reasons: a. Non-payment of premium; b. Failure to report payroll; C. Failure to permit us to audit payroll as required by the terms of this policy or of a previous policy issued by us; d. Failure to pay any additional premium resulting from an audit of payroll required by the terms of this policy or any previous policy issued by us; e. Material misrepresentation made by you or your agent; f. Failure to cooperate with us in the investigation of a claim; g. Failure to comply with Federal or State safety orders; h. Failure to comply with written recommendations of our designated loss control representatives; i. The occurrence of a material change in the ownership of your business; j. The occurrence of any change in your business or operations that materially increases the hazard for frequency or severity of loss; k. The occurrence of any change in your business or operation that requires additional or different classification for premium calculation; I. The occurrence of any change in your business or operation which contemplates an activity excluded by our reinsurance treaties. 3. If we cancel your policy for any of the reasons listed in (a) through (f), we will give you 10 days advance written notice, stating when the cancellation is to take effect Mailing that notice to you at your mailing address shown in Item 1 of the Information Page will be sufficient to provide notice. If we cancel your policy for any of the reasons listed in Items (g) through (1), we will give you 30 days advance written notice; however, we agree that in the event of cancellation and reissuance of a policy effective upon a material change in ownership or operations, notice will not be provided. 4. The policy period will end on the day and hour stated in the cancellation notice. 5. If you cancel this policy or if we cancel due to ran -payment of premium. First, the premium computed in accordance with Section 1, Rule 2, will be multiplied by the quotient of the number of days for which the policy was written divided by the number of days the policy remained in force to produce the full policy premium. Second, the extended number of days will be determined by dividing the number of days the policy was in force by the number of days for which the policy was written and multiplying the quotient by 365 days. (When the Policy was written for a one-year period, the extended number of days will equal the number of days the policy remained in force). Third, the short rate percentage corresponding to the extended number of days will be obtained from the short rate cancellation table. Fourth, the short rate premium will be equal to the product of the full policy premium times the short rate percentage. The Short Rate Table below will be used in computing the Short Rate Premium. In no event will the final earned premium be less than the policy minimum premium. WC 99 06 07 Page 1 of 2 Ed 1-07) Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 PROFESSIONAL SERVICES AGREEMENT for Lampson Well Treatment System – Construction Management & Inspection Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & Butier Engineering, Inc. 17822 E. 17th Street, Suite 404 Tustin, CA 92780 (714) 832-7222 This Professional Service Agreement (“the Agreement”) is made as of September 8, 2025 (the “Effective Date”), by and between Butier Engineering, Inc. (“Consultant”), a California corporation and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”). 1 ORANGE COUNTY WATER DISTRICT PRODUCER WELL CONSTRUCTION LOAN PROGRAM LOAN AGREEMENT This LOAN AGREEMENT (“Loan Agreement” or “Agreement”) is entered into on February 19, 2025 (“Effective Date”) by and between the Orange County Water District (“District” or “OCWD”) and the City of Seal Beach (“City” or “Producer”), a California charter city. District and Producer may each individually be referred to herein as a “Party” and may be collectively referred to as the “Parties.” RECITALS A. The City produces groundwater from the Orange County Groundwater Basin within OCWD (“Basin”); and B. This Agreement is entered into pursuant to District’s Well Construction Loan Program (“Program”), attached hereto as Exhibit “A” and incorporated herein by this reference, as a component of District’s management of the Basin per, among other authorities, the Orange County Water District Act (the “Act”), Section 2.6, 2.11 and 2.13; and C. The Program aims to support current groundwater Producers in the Basin to attain the Basin’s current and anticipated basin production percentage (“BPP”) through loan assistance for well construction projects which are reasonably anticipated to increase a Producer’s pumping capacity in the Basin up to or above the current BPP; and D. Pursuant to the Program, OCWD awards loans to the most meritorious Producer applicants, as determined by OCWD in its sole discretion, utilizing the Program’s award criteria that have been established by the OCWD Board of Directors (as such criteria may be amended from time to time by OCWD), a copy of which criteria are set forth in Exhibit “A” attached to this Loan Agreement; and E. Producer submitted an application to District for a loan in accordance with OCWD’s criteria, and, after consideration of Program applicants, District desires to loan to Producer, and Producer desires to borrow from District, funds in the amount set forth on “Exhibit “B” and subject to the rules for repayment described herein and on Exhibit “B” (the “Loan”), attached hereto, to support the project identified and described on Exhibit “C” attached hereto (the “Project”), subject to the terms and conditions of this Loan Agreement. NOW THEREFORE, the Parties agree as follow: AGREEMENT 1. Term. This Agreement shall take effect on the Effective Date. However, the twenty year term for repayment of the Loan shall begin upon substantial completion of the Project, as defined in Subsection (a) of this Section 1, and shall continue until the earlier of (i) the date the Loan, plus all accrued interest and                    2 fees/charges, is repaid in full by Producer to District, or (ii) the date that is (20) years from substantial completion of the Project, as further detailed in Exhibit “B” (which contains the specific terms and conditions of repayment of the Loan). The Loan must be fully repaid within twenty (20) years of substantial completion of the Project, provided that Producer may fully repay the Loan less than twenty (20) years after substantial completion without penalty. a. As used in this Loan Agreement, the phrase “Substantial Completion” means the following: the date that Producer notifies OCWD that Producer is able to pump water from the Project (which notification shall be promptly made by Producer). 2. Application Process and Loan Disbursements. Disbursement of funds by OCWD to Producer made per this Loan Agreement are envisioned to occur in the following manner, some steps of which the Parties acknowledge may have already occurred. First, any producer seeking to obtain a loan for well construction shall submit an application in a form of application as identified in Exhibit “A” (which OCWD may revise from time to time as OCWD deems appropriate) providing all requested information sought by OCWD therein. Second, OCWD staff will evaluate the applications for merit based upon the award criteria approved by the OCWD Board in Exhibit “A” and seek such additional information as may be needed by OCWD to make a decision on the application. Third, OCWD staff will determine which applications most align with the OCWD Board criteria and offer participation in the loan program to the most highly rated applicants based upon funding available. Fourth, once the Loan Agreement is executed between OCWD and a Producer, each Producer will, in accordance with the individualized loan details in Exhibit “B”, pay for the costs to construct the Project out of its own funds. Fifth, after paying for the costs to construct the well out of its own funds, the Producer will invoice OCWD for the costs of the Project within 30 days of incurring the cost. OCWD will then reimburse Producer for those authorized expenditures within 30 days of receipt of the invoice. The amounts reimbursed by OCWD per the Producer’s invoice(s), whether in one lump sum or in phases, shall constitute the “Loan” that must be repaid per the terms of ‘this Loan Agreement within the 20-year term. Reimbursable costs for the Project are set forth in Section 3, Loan Specifications and Exhibit “B.” 3. Loan Specifications. a. Award of Loan. By execution of this Loan Agreement, District agrees to loan to Producer, and Producer agrees to borrow from District, the Loan on the terms set forth herein, in an amount not to exceed $____________________, and at the rate of interest and per the terms specified in Exhibit “B”, and with interest to begin to accrue upon the date of substantial completion as defined in Section 1. District’s General Manager, or designee, shall be authorized to disburse the Loan per the procedure described in Section 2 and Exhibit “B”, and upon receipt by                    3 District of such other documents and assurances as District may require of Producer as a condition of awarding the Loan authorized herein. b. Permitted Use. Producer agrees that (i) Exhibit “C” accurately describes the Project and (ii) that the Loan shall only be used for the Project. Any use of any portion of the Loan funds for any purpose other than reimbursement to Producer for the costs of construction of the Project shall constitute a default under this Loan Agreement and shall authorize District to recover any misapplied funds disbursed to Producer as part of this Program. As used herein, “construction” includes actual construction, design, preconstruction, construction inspection and management, CEQA compliance, and reasonable federal, state, regional and local permitting and regulatory compliance costs, but do not include the costs of defending litigation and or administrative enforcement associated with the Project. Producer shall maintain such records as are necessary and convenient for District to verify that the Loan funds are used in accordance with the requirements of this Loan Agreement. c. Additional Funding Requirements. In the event District finances the Loan with grant or other funding from non-District funding sources with restrictions on the use of such funds, the source of such funding and restrictions shall be identified, where applicable, in Exhibits “A” and “B.” Where such sources are identified by the District, Producer agrees to comply with any and all additional requirements and restrictions on the Loan as the same are identified by District on Exhibit “B.” Exhibit “B” will be amended, as necessary, to include conditions on funding that may be imposed by an entity providing a grant, earmark, or other funding to OCWD after the Effective Date. Producer agrees not to unreasonably oppose any such amendment. d. Interest. Interest on the Loan shall accrue at the rate set forth on Exhibit “B.” Interest shall not begin to accrue until substantial completion of the Project as defined in Section 1 has occurred. Timely Repayment. Producer shall repay the entire Loan, whether disbursed by OCWD in one, or more than one, installments, plus accrued interest, no later than the date that is twenty (20) years from date of substantial completion of the Project. Payments shall be made annually per the attached amortization schedule provided on Exhibit “B” with the first payment due to OCWD on the one year anniversary of substantial completion of the Project. Failure of Producer to timely make payments shall result in a 3% (three percent) monthly penalty on all delinquent amounts which shall accrue each month that amounts required to be paid herein remain delinquent. Notwithstanding the foregoing, Producer may prepay all or any portion of the Loan without any penalty, fee or charge. e. Producer Obligation to Build and Operate the Project, and OCWD Remedies in the Event of Non-Performance. Producer has an obligation to operate, maintain, and repair the Project funded by OCWD herein for a period of twenty (20) years (which commences on the date of substantial completion and ends twenty years thereafter, unless: (1) the Loan authorized by this Agreement is repaid in full prior to the end of such 20-year period (2) the 20-year period is otherwise modified in writing by OCWD and                    4 Producer. If Producer terminates, cancels, or otherwise ceases operations of the Project prior to twenty (20) years from the date of substantial completion of the Project for reasons other than loan prepayment or modification of the 20-year term by OCWD, without the express consent of the OCWD Board of Directors, such action by Producer can be considered a default of this Loan Agreement. After OCWD provides notice of default per this section, Producer shall have a reasonable opportunity to dispute the determination of default or cure the default, and must provide a response to OCWD within 30 days. If Producer does not respond within thirty (30) days, or if OCWD continues to believe that Producer is in default, then OCWD can require Producer to repay OCWD any remaining balance within thirty (30) days of issuing a notice to terminate. OCWD shall consider in good faith any materials or justification provided by Producer as to why Producer is not in default under this paragraph. The term “cease operations” shall mean when the Project site is no longer being improved, maintained, repaired, or operated for a period of longer than four (4) months without prior written notice to District, or for a period of longer than one (1) year with or without notice, unless District agrees to a longer period in writing, which agreement shall not be unreasonably withheld. i. Additionally, where Producer receives Loan funds from OCWD, but does not obtain substantial completion on the Project within three (3) years of the first disbursement of funds by OCWD, OCWD shall have the right, but not the obligation, to declare a default, thereby triggering the repayment obligations detailed in Section 3.f. 4. Project Responsibility . a. Producer Responsible for Project. Apart from the Loan authorized by this Loan Agreement, this Loan Agreement does not obligate District in any way to complete, finance, maintain, or otherwise manage the Project, and Producer shall remain solely responsible for all aspects of the Project including Project financing outside of the funds provided to Producer per this Loan Agreement. This Loan Agreement does not commit District to processing, granting, or assisting with procuring any governmental or other approvals for the Project, and Producer shall be independently responsible for obtaining the same. Producer’s failure to obtain all required approvals for the Project constitutes a default, as defined under Section 7, of this Agreement. b. Maintenance of Project. Producer agrees that during the repayment term, Producer will at all times maintain the Project and Project Site in good condition, in compliance with all applicable laws, rules, and regulations, and shall keep the Project site free from the accumulation of debris or waste. c. Compliance with Laws. i. Producer agrees to comply with all applicable laws related to this Loan and to the Project, including but not limited to all applicable laws related to the payment of prevailing wage rates and the performance of other labor requirements to “public works” and                    5 “maintenance” projects, including pursuant to California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., the Federal Davis-Bacon Act, as amended, United States Code, Title 40, Section 3141 et seq. (where applicable), and other applicable prevailing wage laws, and all laws prohibiting discrimination or denial of benefits on the basis of any legally protected category, including but not limited to race, color, religion, ethnic or national origin, sex, or on the basis of age or with respect to an otherwise qualified handicap or status. Where the payment of prevailing wages is required, Producer shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the work available to interested parties upon request, and shall post copies at Producer’s principal place of business and at the Project site. Producer’s indemnification obligations in Section 4 hereof shall specifically apply to any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws connected in any way to the Loan, the Project, or this Loan Agreement. ii. OCWD agrees to comply with all applicable federal, state, regional and local laws related to the Program, the Loan issued pursuant to the Program, and this Agreement. 5. Indemnification. a. Indemnification by Producer. Except as otherwise provided in Subsection (a)(i) or (ii) of this Section 5, Producer shall indemnify, defend and hold harmless the District, including its directors, officers, officials, employees, volunteers and agents (collectively the “District Indemnified Parties”) from any claims, actions, damages, penalties, costs, expenses, liability, loss, injury or other liabilities of any kind (collectively “Liabilities”), in law or equity, to property or persons, including wrongful death, to the extent arising out of, pertaining to, or relating to any alleged acts, errors or omissions, or noncompliance of Producer, its elected or appointed officials, officers, employees, agents, volunteers, those Producer independent contractors serving in the role of Producer officials, subcontractors, consultants, subcontractors or subconsultants in connection with the Loan, the Project, and any matter otherwise connected to this Loan Agreement, including without limitation the payment of expert witness fees and attorney’s fees and other related costs and expenses, except to the extent the Liabilities arise from the sole negligence or willful misconduct of the District Indemnified Parties as determined by final arbitration or court decision or by agreement of the Parties. Moreover, Producer shall hold OCWD harmless, and indemnify OCWD, in the event of any claims filed against Producer or OCWD for any groundwater contamination or other environmental liability to the extent alleged by the claimant to have been                    6 caused by Producer in the construction, operation, maintenance or repair of the well(s) funded herein. b. Indemnification by District. District agrees to indemnify Producer for OCWD’s sole active negligence where the harm alleged to have been caused is directly attributable to OCWD’s loan of funds related to the Project. 6. Insurance. a. Producer shall obtain and maintain such liability insurance as District may require which shall protect Producer and District from claims for damages associated with the construction, operation, maintenance and repair of the well(s) funded as part of the Program. The insurance required by this Loan Agreement shall include: (i) general liability and premises liability with policy limits of not less than four Million Dollars ($4,000,000.00) combined single limit, including contractual and premises liability; (ii) Builders Risk/Course of Construction Policy with the project value as the limit. With respect to Builders Risk/Course of Construction Policy, Producer may satisfy the insurance requirements through the insurance policies provided by a contractor that complies with the provisions of this section, provided OCWD is made an additional insured. Such insurance shall be maintained for the entire term of this Agreement unless waived in writing by the OCWD Board. Without limiting any other provision of this Loan Agreement, Producer’s failure to maintain the insurance required hereunder shall constitute a default of this Loan Agreement. Producer shall furnish an original certificate of insurance countersigned by an authorized agent of the insurance carrier on a form of the insurance carrier setting forth the general provisions of the insurance coverage. This countersigned certificate for the liability policies named above shall name the Indemnified Parties as additional insureds under the policy. The certificate by the insurance carrier shall contain a statement of obligation on the part of the carrier to notify District by certified mail of any material change, cancellation or termination of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation or termination. b. Coverage provided hereunder by Producer shall be primary insurance and not contributing with any insurance maintained by District, and the policy shall contain such an endorsement. c. The insurance policy or the certificate of insurance shall contain a waiver of subrogation for the benefit of District. d. The required certificate shall be furnished by Producer within ten (10) days following the Effective Date. e. The insurance required by this paragraph shall include coverage against damage to or loss of the well(s) funded by OCWD per this Loan Agreement by reason of environmental contamination, fire, smoke, earthquake, lightning, windstorm, hail, aircraft, vehicles, sprinkler leakage, vandalism, malicious mischief, theft, strike, riot or civil commotion, breakage of pipes or apparatus and explosion.                    7 7. Defaults. a. Default and Cure. Failure or delay by either Party to perform any material provision of this Loan Agreement constitutes a default under this Loan Agreement. Unless otherwise specified in this Agreement, the Party who so fails or delays must commence to cure, correct, or remedy such failure or delay within sixty (60) days from the date of the notice of default or delay by the other Party, and shall complete such cure, correction or remedy with reasonable diligence. If a default remains uncured by such 60-day deadline, the other Party shall give written notice of uncured default to the Party in default, specifying the uncured default complained of by the other Party. Except as required to protect against further damages, the injured Party may not terminate this Loan Agreement or institute proceedings against the Party in default until fifteen (15) days after giving such notice of uncured default. Delay in giving any notice shall not constitute a waiver of any default nor shall it change the time of default as set forth in the notice. b. Acceleration Upon Default. In the event of a default by Producer which remains uncured following the time periods set forth herein, District may declare the entire unpaid balance of the Loan, plus any interest accrued thereupon, to be immediately due and payable to District. In the event of acceleration under this Section, and unless a separate section of this Loan Agreement specifies a different timeline, the entire unpaid balance of the Loan, plus any interest/penalties accrued thereupon, shall be due and payable to OCWD within thirty (30) days of written notice from District to Producer thereof. c. Legal Remedy for Default. In addition to any other rights or remedies, either Party may institute legal action to cure, correct, or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Loan Agreement. 8. General Provisions. The following general provisions shall apply to this Loan Agreement: a. Amendments. This Loan Agreement may only be amended by mutual written agreement of the Parties hereto. b. Applicable Law, Venue. The laws of the State of California shall govern the interpretation and enforcement of this Loan Agreement. Venue shall be in Orange County, California, or in such other court of appropriate jurisdiction/venue as the Parties may agree upon. c. Attorneys’ Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Loan Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing non- prevailing party reasonable attorney’s fees and all other costs of such action. d. Captions, Construction. The language of this Loan Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for                    8 performance shall be deemed calendar days and not work days. All references to Producer include all elected and appointed officials, officers, employees, agents, those Producer agents serving as independent contractors in the role of Producer officials, contractors, consultants, and subcontractors of Producer, except as otherwise specified in this Loan Agreement. All references to District include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Loan Agreement. The captions of the various articles, sections, and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Loan Agreement. e. Counterparts. This Loan Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same Agreement. f. Entire Agreement. This Loan Agreement contains the entire understanding and agreement of the Parties related to the subject matter hereto and supersedes all prior written and oral negotiations, understandings, or agreements. g. Incorporation of Recitals and Exhibits. The Recitals set forth above, and Exhibits “A,” “B,” and “C,” are incorporated into this Loan Agreement by this reference. h. Invalidity, Severability. If any portion of this Loan Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. i. No Assignment. This Loan Agreement may not be assigned by either without the prior written consent of the other Party. j. Non-Liability of District Officials and Employees. Absent a finding by a court of criminal conduct related to this Agreement, no member, official or employee of District shall be personally liable to Producer, or any successor in interest, in the event of any default or breach by District or for any amount which may become due to Producer or successor or on any obligations under the terms of this Loan Agreement. k. Non-Liability of Producer Officials and Employees. Absent a finding by a court of criminal conduct related to this Agreement, no elected or appointed official, officer, or employee of Producer shall be personally liable to District, or any successor in interest, in the event of any default or breach by Producer or for any amount which may become due to District or successor or on any obligations under the terms of this Loan Agreement. l. No Third-Party Beneficiaries. There are no third-party beneficiaries to this Loan Agreement. m. Notice. Formal notices, demands and communications between District and the Producer shall be sufficiently given if in writing and personally delivered or sent by overnight courier (e.g. Federal Express), or by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of the District and the Producer, as designated in Exhibit “A.” Such written notices, demands and communications may be                    9 sent in the same manner to such other addresses as either Party may from time to time designate in writing as provided in this Section. Any written notice, demand or communication shall be deemed received immediately if personally delivered and shall be deemed received on the fifth (5th) day from the date it is postmarked if delivered by registered or certified mail. n. Political Activity. No member, official or employee of District shall have any personal interest, direct or indirect, in this Loan Agreement nor shall any such member, official or employee participate in any decision relating to the Loan Agreement which affects his personal interests or the interests of any corporation, partnership or association in which it is, directly or indirectly, interested. Producer warrants that it has not paid or given, and will not pay or give, any third party any money or other consideration for obtaining this Loan Agreement except for payments of Producer’s attorneys’ and consultants’ fees as Producer may incur in preparation of this Loan Agreement. Producer shall comply with all applicable federal, state and county laws and regulations governing conflict of interest. o. Survival, Successors in Interest. All obligations arising prior to the expiration or termination of this Loan Agreement and all provisions of this Loan Agreement allocating liability between District and Producer shall survive the expiration or termination of this Loan Agreement. This Agreement shall be binding on the Parties and their respective successors in interest. p. Waivers. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of District or Producer. q. CEQA and Regulatory Approvals: Producer shall be responsible, as lead agency, and at its own cost, for complying with all requirements of the California Environmental Quality Act (“CEQA”), and all other environmental laws applicable to Producer, in connection with the construction and operation of the well(s) constructed with funds obtained per this Loan Agreement, and Producer may retain qualified consultants to assist in CEQA and other regulatory compliance. Producer’s costs for CEQA compliance and for permitting and regulatory compliance costs associated with the construction and startup of the well(s) funded per this Agreement including but not limited to such consultant and other technical and expert costs, will be eligible for reimbursement by the District. However, costs of CEQA litigation or administrative/regulatory enforcement costs associated with well construction and entitlement are not eligible for reimbursement. [SIGNATURE PAGE FOLLOWS]                    10 SIGNATURE PAGE TO LOAN AGREEMENT PRODUCER: CITY OF SEAL BEACH DISTRICT: ORANGE COUNTY WATER DISTRICT By: By: Interim City Manager General Manager Dated: Dated: By: Board President Dated: APPROVED AS TO FORM: ATTEST AS TO LEGAL FORM RUTAN & TUCKER LLP By: By: Nicholas R. Ghirelli, City Attorney General Counsel                        EXHIBIT “A” PROGRAM AWARD CRITERIA AND APPLICATION I. Overall Criteria for Funding Producer Well Construction Projects: a. Highest Priority to Significant New Production Capacity that the Producer Intends to Use as a Primary Source of Supply: Preference will generally be given by OCWD to well construction projects that produce new production capacity as a primary source of supply (rather than serving primarily as a back-up well). Projects that a Producer demonstrates will meaningfully increase the amount of groundwater the Producer can safely and reliably produce from the Basin will generally receive the highest priority. b. New Wells Preferred: Addition of new wells, rather than replacement of existing wells, is generally preferred by OCWD absent evidence that an existing well is failing and the proposed replacement well will have significantly greater production capacity than the well that will be replaced. c. Timeliness of application: OCWD will generally give priority to the earliest complete applications received, but reserves the right to prioritize later received applications where strong justification exists for such re-prioritization based upon the other criteria identified herein. d. Shovel Ready: Is the Project shovel ready and has the Producer demonstrated that the Project can obtain required permits and approvals in a reasonable period of time? e. PFAS: Will the Project require OCWD to expend additional funds on PFAS treatment after well construction is complete? f. Cost: Projects that are of lower cost to the District, thereby allowing for the District to potentially fund more well projects for more Producers, may receive priority over Projects that are of higher cost to the District. g. Participation in the Program Is not an Entitlement, and Shall Be Within the Sole Discretion of the OCWD Board: i. Producer applicants must agree to sign the template loan agreement provided herein, in substantially the form provided herein, or as amended by mutual agreement in writing between the Parties. Requests for other than minor modifications to the template loan agreement will not be considered by OCWD and may preclude the Producer from participating in the Program.                    ii. OCWD may, from time to time, develop such other criteria as the OCWD Board may direct, particularly where funds are insufficient to fund all complete applications for the Program. iii. The Program is entirely at the discretion of OCWD and creates no legal entitlement of any kind until such time as a loan Agreement is executed by OCWD and a Producer. Funding of the Program in any given year is at the sole discretion of the OCWD Board of Directors, and OCWD reserves the right to refuse to fund any or all proposed projects, in its sole and absolution discretion. II. Applicant’s Information A. Legal Name of Agency: B. Mailing Address: C. Applicant’s Authorized Representative(s): Name: Phone: Title: Email: Address: III. Project Information A. Well Designation:                    B. Location (attach map(s) to indicate agency boundary and proposed new well location) C. Estimated size of proposed facilities: 1. Well Capacity: ______________ gpm 2. Casing diameter: _____________ inches 3. Casing depth: _______________ feet 4. Length of distribution pipeline: __________ feet 5. Targeted perforated intervals: ___________ feet below ground surface 6. Treatment requirement (if any): _________ 7. Other: D. Project Schedule Beginning Ending E. What is the expected life of the project? IV. Preliminary Design A. Has a preliminary design/hydrogeology report been initiated or completed? Yes ____ No ____ If yes, please submit copies with your application. B. What percent of preliminary design activities are completed? __________ C. Estimated date of completion of preliminary design: _________ D. Method for compliance with California Environmental Quality Act (CEQA)? Categorically Exempt ____ Negative Declaration ____ Design Construction Operation                    E. Estimated date of CEQA compliance? F. Please list all required permits (including discharge requirements) and expected dates of receipt: Type Permit/Agency Expected Date of Receipt V. Technical Information A. Provide a brief description of the possible water quality problems at the proposed well site: B. Do you have adequate data to determine the quality of the groundwater? Yes ____ No ____ Date expected: C. Do you have adequate data to determine the aquifer transmissivity in the vicinity of the proposed well site? Yes ____No ____ Date expected: VI. Financial Information A. Estimated project capital cost: $ ______________ B. Estimated amount of OCWD funds requested: $ Cost Classification OCWD Share ($) Applicant’s Share ($) Total ($) Preliminary Design/Hydrogeology Final Design Construction Other (Land, right-of-way, etc.) Total Capital Cost                    C. Current capacity (acre-feet/year) to produce groundwater in relation to the total annual water demand (acre-feet/year): _____________ D. Projected capacity following completion of this project: ____________________ Fund Repayment Request term of repayment (the maximum term is 20 years): _____________________ Applicant Authorization Submit a certified copy of resolution adopted by the governing body of the agency authorizing this applicant to the Orange County Water District Well Construction Program. Send completed application to: colsen@ocwd.com or by mail to: Orange County Water District P.O. Box 8300 Fountain Valley, CA 92728-8300 Attn: Chris Olsen, P.E., Executive Director Certification I/We certify that this application is complete and technically correct and that OCWD will rely on the information provided herein in determining eligibility for the Program. Authorized Representative Date Registered Engineer Date                    EXHIBIT “B” LOAN SPECIFICATIONS AND OTHER SPECIAL PROVISIONS APPLICABLE TO INDIVIDUAL PROJECTS AUTHORIZED PER THIS LOAN AGREEMENT Principal Loan Amount (to be added upon receipt of notice of substantial completion) Dollars and Cents ($______________ .___) Principal Interest On the amounts of principal remaining unpaid as of the date of Substantial Completion, until said principal sum is paid, at the rate equal to the Yield to Maturity on the District’s investment on the District’s Portfolio holdings as determined on a monthly basis as of the Effective Date of this Agreement, but in no event to exceed ten percent (10%) per annum. Interest shall begin accruing on the date of Substantial Completion of the Project. Additional Requirements and Special Provisions The payment obligation, and the first annual loan repayment (including principal and interest), shall commence on the one year anniversary of Substantial Completion, as defined in Section 1 of the Loan Agreement. The District shall provide notice to Producer of the annual amount due on each one-year anniversary of Substantial Completion, as defined in Section 1 of the Loan Agreement, along with an amortization schedule explaining the amount of interest accrued during the prior one-year anniversary period, by invoice issued by OCWD not less than thirty (30) days prior to the anniversary payment due date.                                       EXHIBIT “C” PROJECT SPECIFICATIONS [Insert Project Details Here]                                       EXHIBIT “A” PROGRAM AWARD CRITERIA AND APPLICATION I. Overall Criteria for Funding Producer Well Construction Projects: a. Highest Priority to Significant New Production Capacity that the Producer Intends to Use as a Primary Source of Supply: Preference will generally be given by OCWD to well construction projects that produce new production capacity as a primary source of supply (rather than serving primarily as a back-up well). Projects that a Producer demonstrates will meaningfully increase the amount of groundwater the Producer can safely and reliably produce from the Basin will generally receive the highest priority. b. New Wells Preferred: Addition of new wells, rather than replacement of existing wells, is generally preferred by OCWD absent evidence that an existing well is failing and the proposed replacement well will have significantly greater production capacity than the well that will be replaced. c. Timeliness of application: OCWD will generally give priority to the earliest complete applications received, but reserves the right to prioritize later received applications where strong justification exists for such re- prioritization based upon the other criteria identified herein. d. Shovel Ready: Is the Project shovel ready and has the Producer demonstrated that the Project can obtain required permits and approvals in a reasonable period of time? e. PFAS: Will the Project require OCWD to expend additional funds on PFAS treatment after well construction is complete? f. Cost: Projects that are of lower cost to the District, thereby allowing for the District to potentially fund more well projects for more Producers, may receive priority over Projects that are of higher cost to the District. g. Participation in the Program Is not an Entitlement, and Shall Be Within the Sole Discretion of the OCWD Board: i. Producer applicants must agree to sign the template loan agreement provided herein without material changes, in substantially the form provided herein. Requests for other than minor modifications to the template loan agreement will not be -2- considered by OCWD and may preclude the Producer from participating in the Program. ii. OCWD may, from time to time, develop such other criteria as the OCWD Board may direct, particularly where funds are insufficient to fund all complete applications for the Program. iii. The Program is entirely at the discretion of OCWD and creates no legal entitlement of any kind until such time as a loan Agreement is executed by OCWD and a Producer. Funding of the Program in any given year is at the sole discretion of the OCWD Board of Directors, and OCWD reserves the right to refuse to fund any or all proposed projects, in its sole and absolution discretion. II. Applicant’s Information A. Legal Name of Agency: __________________________________________ B. Mailing Address: _______________________________________________ ___________________________________________________________ C. Applicant’s Authorized Representative(s): Name: __________________________ Phone: ____________________ Title: ___________________________ Email: _____________________ Address: ___________________________________________________ ________________________________________________________ III. Project Information A. Well Designation: _______________________________________________ -3- B. Location (attach map(s) to indicate agency boundary and proposed new well location) C. Estimated size of proposed facilities: 1. Well Capacity: __________ gpm 2. Casing diameter: __________ inches 3. Casing depth: __________ feet 4. Length of distribution pipeline: ________ feet 5. Targeted perforated intervals: ________ feet below ground surface 6. Treatment requirement (if any): ________ 7. Other: __________________________________________________ D. Project Schedule Beginning Ending E. What is the expected life of the project? _________________ IV. Preliminary Design A. Has a preliminary design/hydrogeology report been initiated or completed? Yes ____ No ____ If yes, please submit copies with your application. B. What percent of preliminary design activities are completed? _______ C. Estimated date of completion of preliminary design: _______ D. Method for compliance with California Environmental Quality Act (CEQA)? Categorically Exempt ____ Negative Declaration ____ Design Construction Operation -4- E. Estimated date of CEQA compliance? ___________________ F. Please list all required permits (including discharge requirements) and expected dates of receipt: Type Permit/Agency Expected Date of Receipt V. Technical Information A. Provide a brief description of the possible water quality problems at the proposed well site: B. Do you have adequate data to determine the quality of the groundwater? Yes ____ No ____ Date expected: ____________________________ C. Do you have adequate data to determine the aquifer transmissivity in the vicinity of the proposed well site? Yes ____ No ____ Date expected: ____________________________ VI. Financial Information A. Estimated project capital cost: $_________________ B. Estimated amount of OCWD funds requested: $______________________ Cost Classification OCWD Share ($) Applicant’s Share ($) Total ($) Preliminary Design/Hydrogeology Final Design Construction Other (Land, right-of-way, etc.) Total Capital Cost -5- C. Current capacity (acre-feet/year) to produce groundwater in relation to the total annual water demand (acre-feet/year): _________ D. Projected capacity following completion of this project: _______________ Fund Repayment Request term of repayment (the maximum term is 20 years): _________________ Applicant Authorization Submit a certified copy of resolution adopted by the governing body of the agency authorizing this applicant to the Orange County Water District Well Construction Program. Send completed application to: colsen@ocwd.com or by mail to: Orange County Water District P.O. Box 8300 Fountain Valley, CA 92728-8300 Attn: Chris Olsen, P.E., Executive Director Certification I/We certify that this application is complete and technically correct and that OCWD will rely on the information provided herein in determining eligibility for the Program. _______________________________________ ___________________ Authorized Representative Date _______________________________________ ___________________ Registered Engineer Date 11/27/2024 Payment Number Payment Date Beginning Balance Payment Principal Interest Ending Balance Loan Amount 4,450,000.00$ Annual Interest Rate 3.336% Loan Term (Years) 20 Annual Payment $308,478.55 1 1/1/2027 4,450,000.00$ $308,478.55 $160,026.55 148,452.00$ 4,289,973.45$ 2 1/1/2028 4,289,973.45$ $308,478.55 $165,365.03 143,113.51$ 4,124,608.42$ 3 1/1/2029 4,124,608.42$ $308,478.55 $170,881.61 137,596.94$ 3,953,726.81$ 4 1/1/2030 3,953,726.81$ $308,478.55 $176,582.22 131,896.33$ 3,777,144.59$ 5 1/1/2031 3,777,144.59$ $308,478.55 $182,473.00 126,005.54$ 3,594,671.58$ 6 1/1/2032 3,594,671.58$ $308,478.55 $188,560.30 119,918.24$ 3,406,111.28$ 7 1/1/2033 3,406,111.28$ $308,478.55 $194,850.68 113,627.87$ 3,211,260.60$ 8 1/1/2034 3,211,260.60$ $308,478.55 $201,350.89 107,127.65$ 3,009,909.71$ 9 1/1/2035 3,009,909.71$ $308,478.55 $208,067.96 100,410.59$ 2,801,841.75$ 10 1/1/2036 2,801,841.75$ $308,478.55 $215,009.11 93,469.44$ 2,586,832.64$ 11 1/1/2037 2,586,832.64$ $308,478.55 $222,181.81 86,296.74$ 2,364,650.83$ 12 1/1/2038 2,364,650.83$ $308,478.55 $229,593.80 78,884.75$ 2,135,057.04$ 13 1/1/2039 2,135,057.04$ $308,478.55 $237,253.05 71,225.50$ 1,897,803.99$ 14 1/1/2040 1,897,803.99$ $308,478.55 $245,167.81 63,310.74$ 1,652,636.18$ 15 1/1/2041 1,652,636.18$ $308,478.55 $253,346.60 55,131.94$ 1,399,289.58$ 16 1/1/2042 1,399,289.58$ $308,478.55 $261,798.25 46,680.30$ 1,137,491.33$ 17 1/1/2043 1,137,491.33$ $308,478.55 $270,531.84 37,946.71$ 866,959.50$ 18 1/1/2044 866,959.50$ $308,478.55 $279,556.78 28,921.77$ 587,402.72$ 19 1/1/2045 587,402.72$ $308,478.55 $288,882.79 19,595.75$ 298,519.92$ 20 1/1/2046 298,519.92$ $308,478.55 $298,519.92 9,958.62$ (0.00)$ Item Unit Qty. Unit Price Total 1 Mobilization, Construction Trailer, Permits, Bonds, Insurance, Construction Scheduling, and Demobilization LS 1 $ 50,000 $ 50,000 2 Prepare Storm Water Pollution Prevention Plan (SWPPP) and Install and Maintain Construction BMPs LS 1 $ 14,000 $ 14,000 3 Prepare a Shoring Plan by a California Licensed Structural Engineer LS 1 $ 10,000 $ 10,000 4 Prepare Spill Prevention and Emergency Response Plan LS 1 $ 4,000 $ 4,000 5 Prepare Traffic Control Plans by a California Licensed Traffic Engineer LS 1 $ 8,000 $ 8,000 6 Implement Traffic Control LS 1 $ 30,000 $ 30,000 7 Pothole Existing Utilities and Confirm Tie-in Locations LS 1 $ 10,000 $ 10,000 8 Survey and Verify All Elevations and Dimensions Of Existing Utilities and Confirmed Tie-in Locations LS 1 $ 20,000 $ 20,000 9 Site Demolition Per Plan, Remove Existing Chainlink Fence, Clearing and Grubbing LS 1 $ 20,000 $ 20,000 10 Pressure Testing and Pipe Disinfection LS 1 $ 30,000 $ 30,000 11 Site Excavation, Scarification, Recompaction, CAB, and Remove & Dispose Excess Soil LS 1 $ 50,000 $ 50,000 12 Furnish and Install All Labor, Material and Equipment Required to Construct Buried 12" PVC Drain Pipe, Junction Boxes, Thrust Blocks, Pavement Restoration and Appurtenances to Existing Storm Drain Pipe Per Plans LF 110 $ 300 $ 33,000 13 Furnish and Install All Labor, Material and Equipment Required to Construct Buried 12" PVC Drain Pipe, Junction Boxes, Thrust Blocks, Pavement Restoration and Appurtenances to Existing Sewer Manhole Per Plans LF 70 $ 300 $ 21,000 14 Furnish and Install All Labor, Material and Equipment Required to Construct Buried 6" PVC Drain Pipe, Junction Boxes, Thrust Blocks, Pavement Restoration and Appurtenances to Existing Sewer Manhole Per Plans LF 50 $ 280 $ 14,000 15 Furnish and Install All Labor, Material and Equipment Required to Modify Existing Sewer Manhole and Connect 6" PVC Drain Pipe EA 1 $ 5,000 $ 5,000 16 Furnish and Install All Labor, Material and Equipment Required to Construct Buried 4" PVC Perforated Drain Pipe Per Plans LF 135 $ 150 $ 20,250 17 Furnish and Install All Labor, Material and Equipment Required to Construct Buried 16" CMCL Welded Steel Influent Pipe, Valve, Fittings, Thrust Blocks, Pavement Restoration and Appurtenances with Cathodic Protection Per Plans LF 100 $ 1,000 $ 100,000 18 Furnish and Install All Labor, Material and Equipment Required to Construct Buried 16" CMCL Welded Steel Effluent Pipe, Valve, Fittings, Thrust Blocks, Pavement Restoration and Appurtenances with Cathodic Protection Per Plans LF 85 $ 1,000 $ 85,000 19 Furnish and Install All Labor, Material and Equipment Required to Tie-in Existing 16" Well Discharge to CMCL Welded Steel Influent and Effluent Piping Per Plan, Including and Not Limited to Thrust Blocks, Pavement Restoration, Valves, Fittings and with Associated Appurtenances Per Plans LS 1 $ 80,000 $ 80,000 20 Furnish and Install Buried 18" PVC Drain Pipe, Vault, Pavement Restoration and Appurtenances to Existing Storm Drain Vault Per Plans LF 30 $ 450 $ 13,500 21 Furnish and Install Buried 4" PVC Pipe, Junction Boxes, Pavement Restoration and Appurtenances for Separate Future Communication Fibers Per Plans LF 100 $ 500 $ 50,000 22 Furnish and Install all Labor, Material, and Equipment Required to Construct Buried 6" PVC Sewer Pipe, Fittings, Trench, and Pavement Restoration LF 50 $ 500 $ 25,000 23 Furnish and Install All Labor, Material and Equipment Required to Modify Existing Sewer Manholes and Connect 6" PVC Sewer Pipe EA 2 $ 5,000 $ 10,000 24 Furnish and Install Various Diameters PVC Conduits and Conductors, Junction Boxes and Appurtenances for Electrical System Per Plans LS 1 $ 50,000 $ 50,000 25 Furnish and Install Various Diameters PVC Conduits and Conductors, Junction Boxes, and Appurtenances for Instrumentations and Controls Per Plans LS 1 $ 50,000 $ 50,000 26 Furnish and Install Buried 2" PVC Pipe Sleeve, Fittings, Chlorine Tubing, Injector, Pavement Restoration and Appurtenances to the Existing Chlorine Injection Piping Per Plans LS 1 $ 30,000 $ 30,000 27 Furnish and Install Buried 3" 316 Stainless Steel Air Pipe, Junction Boxes, Valves, Fittings, Pavement Restoration and Appurtenances Per Plans LF 120 $ 500 $ 60,000 28 Furnish and Install Two 7.5 HP Air Compressors, Piping, Fittings, and Appurtenances Per Plans LS 1 $ 150,000 $ 150,000 29 Furnish and Install Reinforced Concrete Pad, with Concrete Access Ramps for the Treatment System Per Plans LS 1 $ 150,000 $ 150,000 30 Furnish and Install Various Diameters Above Ground Stainless Steel Influent and Effluent Header Pipes with Supports, Fittings, and Appurtenances Per Plans LS 1 $ 350,000 $ 350,000 31 Transport and Install Four (4) Owner-Furnished 12' Diameter Steel Pressure Vessels Per Plans LS 1 $ 150,000 $ 150,000 32 Furnish and Install Various Diameters Above Ground Stainless Steel Pipes From Each Pressure Vessels with Supports, Valves, Fittings, and Appurtenances Per Plans LS 1 $ 200,000 $ 200,000 33 Furnish and Install Various Diameters Above Ground Stainless Steel Pipes From the Pump Pad with Pumps, VFDs, Mazzei Injectors, Steel Rack, Supports, Valves, Fittings, and Appurtenances to Each Pressure Vessels Per Plans LS 1 $ 150,000 $ 150,000 34 Furnish and Install Various Diameters Electrically Actuated Isolation/Modulating Valves, Butterfly, and Ball Valves Per Plans LS 1 $ 250,000 $ 250,000 35 Furnish and Install Various Diameters Manual Isolation Valves, Such as Air Vacuum/Release, Butterfly, and Ball Valves Per Plans LS 1 $ 50,000 $ 50,000 36 Furnish and Install Various Above Ground Electrical and Communication Conduits and Conductors for Each Vessel LS 1 $ 50,000 $ 50,000 37 Furnish and Install Pre-Fabricated Fiberglass Structure, Railings, Bollards, A/C System, Lighting, and Receptacles Per Plans LS 1 $ 120,000 $ 120,000 38 Furnish and Install 12' Diameter Detention Tank Per Plans LS 1 $ 25,000 $ 25,000 39 Furnish and Install Concrete Pad for Detention Tank LS 1 $ 40,000 $ 40,000 40 Furnish and Install Various Diameters Flow Meters, with Conduits, Conductors, Fittings, and Appurtenances Per Plans LS 1 $ 100,000 $ 100,000 41 Furnish and Install Electrical Conduits, Conductors, Power Sub-Panel, and Owner-Furnished Central Control Panel Inside the New Fiberglass Structure LS 1 $ 100,000 $ 100,000 42 Furnish and Install 8' Tall CMU Block Walls Per Plans LF 180 $ 300 $ 54,000 43 Treatment System Set-Up and Start-Up Testing (Assume 5 Days) EA 5 $ 2,000 $ 10,000 44 Provide two (2) Separate Four (4) Hour Training Sessions on all Newly Installed Equipment LS 1 $ 10,000 $ 10,000 45 Provide two (2) Hard Copies and the Electronic Copies of Newly Installed Equipment O&M Manuals LS 1 $ 2,500 $ 2,500 Subtotals and Costs Construction 2,854,250$ Contingency 10% 285,425$ Engineer's Estimate w/ Construction Contingency 3,139,675$ Engineer's Estimate of City Pre-Purchase Pressure Vessels 1,100,000$ City of Seal Beach - Lampson Well Treatment System 100.1 IFC Engineer's Opinion of Probable Construction Cost PACE JOB NO. B629 1 Agenda Item K AGENDA STAFF REPORT DATE:September 22, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Adoption of Municipal Code Amendment Relating to the City’s Cross-Connection Control Program and Adopting the City’s Cross-Connection Control Management Plan Pursuant to Assembly Bill 1671 (Statute of 2024) ________________________________________________________________ SUMMARY OF REQUEST: That the City Council: 1. Introduce, waive full reading, and read by title only, Ordinance 1720, amending Sections 9.35.005 and 9.35.090 of Chapter 9.35 (Water) of Title 9 of the Seal Beach Municipal Code pertaining to the cross-connection program; and, 2. Adopt Resolution 7698, adopting the City Cross-Connection Control Management Plan. BACKGROUND AND ANALYSIS: A cross-connection is an interconnection between a potable water supply and a nonpotable source via any actual or potential connection or structural arrangement between a Public Water System (PWS) and any source or distribution system containing liquid, gas, or other substances not from an approved water supply. Cross-connections within a PWS pose significant health concerns for consumers because they are a direct link to the consumption of a non-potable water source. The City of Seal Beach is classified as a PWS, which is an approved water supply, under California Health and Safety Code Section 116275(h). On December 19, 2023, in accordance with Health and Safety Code Section 116407, the California State Water Resources Control Board (State Water Board) adopted a Cross-Connection Control Policy Handbook (CCCPH) to establish standards and principles for California’s public water systems, effective July 1, 2024. The CCCPH was subsequently amended effective July 1, 2025. The CCCPH replaces and supersedes regulations previously contained in Title 17 of the California Code of Regulations. Page 2 2 1 5 1 Pursuant to Sections 116407 and 116555.5 of the California Health and Safety Code, the CCCPH includes standards for backflow protection and cross- connection control. The CCCPH also establishes directives and guidelines for each PWS to submit to the State Water Board a draft Cross-Connection Control Management Plan (CCCMP) that is compliant with the CCCPH. Proposed Ordinance: CCCPH, Section, 3.1.3 (a)(1) establishes the requirements for operating rules or ordinances that a PWS must adopt for compliance with the CCCPH, including the following: Each PWS must have operating rules, ordinances, by-laws, or a resolution to implement the cross-connection program. The PWS must have legal authority to implement corrective actions in the event a water user fails to comply in a timely manner with the PWS’s provisions regarding the installation, inspection, field testing, or maintenance of backflow prevention assemblies (BPAs). Such corrective actions must include the PWS’s ability to perform at least one of the following: Deny or discontinue water service to a water user Install, inspect, field test, and/or maintain a BPA at a water user’s premises, or Otherwise address in a timely manner a failure to comply with the cross-connection control program. Chapter 9.35 (Water) of the Municipal Code (Code) currently addresses cross- connection control programs. However, the current Code does not address the updated definitions, enforcement procedures, and guidance that the CCCPH outlines. The proposed Ordinance amends Section 9.35.005 to add definitions consistent with the CCCPH and also amends Section 9.35.090 to bring the City up to the current State law and the requirements of the CCCPH. This Ordinance also includes provisions for enforcement under the Seal Beach Municipal Code. The proposed text amendments to Section 9.35.090 are set out in the attached Ordinance, with the changes highlighted. Resolution: In addition to the proposed Ordinance, the City must adopt a Cross-Connection Control Management Plan, consistent with State requirements. The primary authority within the State Water Board that regulates PWS is the Division of Drinking Water (DDW). Pursuant to the CCCPH and the DDW, each PWS was required to submit their draft cross-connection control management plan to their respective District sanitation engineer prior to July 1, 2025. In accordance with the State Water Board CCCPH, the City has prepared a draft Seal Beach-specific management plan. This CCCMP was developed from a Page 3 2 1 5 1 collaborative effort amongst 27 other utility agencies all within Orange County in pursuit of the same goal of which this revision is based on. In accordance with the requirements of the CCCPH and DDW, the City submitted its draft CCCMP prior to the deadline date, and it is currently under review by the DDW; no return date has been provided to the City as of yet. LEGAL ANALYSIS: This item has been reviewed for content and approved as to form. FINANCIAL IMPACT: There is no financial impact for this item. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council: 1. Introduce, waive full reading, and read by title only, Ordinance 1720, amending Sections 9.35.005 and 9.35.090 of Chapter 9.35 of Title 9 of the Seal Beach Municipal Code pertaining to the cross-connection program; and, 2. Adopt Resolution 7968, adopting the City Cross-Connection Control Management Plan. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Patrick Gallegos Iris Lee, Director of Public Works Patrick Gallegos, City Manager Prepared by: Sean Low, Deputy Director of Public Works – Maint./Util. ATTACHMENTS: A. Resolution 7698 B. Ordinance 1720 C. Draft CCCMP – Submitted for Review on June 30, 2025 RESOLUTION 7698 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A CROSS-CONNECTION CONTROL MANAGEMENT PLAN PURSUANT TO CHAPTER 9.35 OF THE SEAL BEACH MUNICIPAL CODE AND THE CALIFORNIA STATE WATER RESOURCES CONTROL BOARD CROSS- CONNECTION CONTROL POLICY HANDBOOK WHEREAS, on December 19, 2023, in accordance with Health and Safety Code Section 116407, the California State Water Resources Control Board (State Water Board) adopted a Cross-Connection Control Policy Handbook (CCCPH) to establish standards and principles for California’s public water systems, effective July 1, 2024, which replaces and supersedes regulations previously contained in Title 17 of the California Code of Regulations; and, WHEREAS, on June 17, 2025, the State Water Board amended the CCCPH to clarify deadlines imposed on public water systems including submittal of a draft cross-connection control policy handbook to the Division of Drinking Water (DDW) of the State Water Board by July 1, 2025; and, WHEREAS, pursuant to Ordinance 1720, the Seal Beach City Council amended Sections 9.35.005 and 9.35.090 of Chapter 9.35 (Water) of Title 9 (Public Property, Public Works, and Building Regulations) of the Seal Beach Municipal Code (SBMC) to update the City’s operating rules and regulations for its cross- connection control program, consistent with the CCCPH; and, WHEREAS, the City of Seal Beach has prepared a Cross-Connection Control Management Plan (CCCMP) in accordance with SBMC Chapter 9.35 and the CCCPH; and, WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows: Section 1. The above-stated recitals are true and correct and incorporated herein by this reference. Section 2. The Draft CCCMP, attached hereto as Exhibit A, is approved. Section 3. The Public Works Director is authorized to submit the CCCMP (Exhibit A) to the California State Water Resources Board for review. The Public Works Director, and representative designated by the Director, is further authorized to administer and enforce the 2 CCCMP with any revisions required by the California State Water Resources Board. Section 4. This Resolution shall be effective upon the effective date of Ordinance 1720 Section 5. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 22nd day of September 2025 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa Landau, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7698 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 22nd day of September 2025. Gloria D. Harper, City Clerk -1- S7296-0001\3117479v4.doc [LEGISLATIVE HISTORY -- PROPOSED REVISIONS SHOWN IN HIGHLIGHTED TEXT OR STRIKE-OUTS] ORDINANCE 1720 AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTIONS 9.35.005 AND 9.35.090 OF THE SEAL BEACH MUNICIPAL CODE UPDATING THE CITY’S CROSS-CONNECTION PROGRAM AND FINDING THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, in accordance with Health and Safety Code Section 116407, on December 19, 2023, the State Water Resources Control Board (State Water Board) adopted a Cross-Connection Control Policy Handbook (CCCPH) to establish standards and principles for California’s public water systems relating to cross-connection control and backflow prevention, effective July 1, 2024, which replaces regulations previously contained in Title 17 of the California Code of Regulations; and, WHEREAS, the State Water Board updated the CCCPH on June 17, 2025; and, WHEREAS, the purpose of this Ordinance is to update the City’s cross-connection control program in accordance with the CCCPH to further protect the City’s public water system from the risk of backflow and to ensure compliance with the updated state regulations and other requirements of federal and state law, as may be amended from time to time. THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1.Section 9.35.005 (Definitions) of Chapter 9.35 (Water) of Title 9 (Public Property, Public Works, and Building Regulations) of the Seal Beach Municipal Code (SBMC) is hereby amended in its entirety to read as follows: “§ 9.35.005. Definitions. A. For the purpose of this chapter, the following words and phrases shall mean: Approved Water Supply: a water source that has been approved by the California State Water Resources Control Board for domestic use in a public water system and designated as such in a domestic water supply permit issued pursuant to Section 116525 of the California Health & Safety Code, as may be amended from time to time. Backflow: a flow condition, caused by a pressure differential, that causes the flow of water or other liquids, gases, mixtures or substances into the distributing pipes of the city water system from any source other than an approved water supply an undesired or unintended reversal of flow of water and/or other liquids, gases, or other substances into a public water system’s distribution system or approved water supply. Backflow prevention assembly or BPA: a mechanical assembly designed and constructed to prevent backflow, such that while in-line it can be maintained and its ability to prevent backflow, as designed, can be field tested, inspected and evaluated. Cross-connection: any actual or potential connection or structural arrangement between a public water system, including a piping system connected to the public water system and located on the premises of a water user or available to the water user, and any source or distribution -2- 1 0 4 3 6 system containing liquid, gas, or other substances not from an approved water supply. Cross-Connection Control Policy Handbook or CCCPH: the Cross-Connection Control Policy Handbook adopted by the California State Water Resources Control Board pursuant to California Health and Safety Code Section 116407, as may be amended. Cross-Connection Control Specialist: a person certified as a cross-connection control specialist by the California-Nevada Section of the American Water Works Association (AWWA) or other organization recognized by the State Water Board, in accordance with the requirements of the Cross-Connection Control Policy Handbook (CCCPH), to manage and implement the cross- connection control plan and evaluate the hazards inherent in supplying a customer's water system. Designated Irrigation Days: even-numbered days shall be the designated irrigation days for properties having an address ending in an even number; odd-numbered days shall be the designated irrigation days for properties having an address ending in an odd number. Director: Director of Public Works or the designee thereof. Local Health Agency: Orange County Health Care Agency. State Water Board: the California State Water Resources Control Board. Water User: a person who obtains water from the city water system. B. Any word or phrase used in this chapter that is defined in the Health and Safety Code Section 116275, or in California Code of Regulations Title 17, Section 7583the current Cross Connection Control Policy Handbook (CCCPH), and not defined in subsection A shall have the meaning set forth in such state law provision and/or the current CCCPH.” Section 2.Section 9.35.090 (Cross-Connection Program) of Chapter 9.35 (Water) of Title 9 (Public Property, Public Works, and Building Regulations) of the Seal Beach Municipal Code (SBMC) is hereby amended in its entirety to read as follows: “§ 9.35.090. Cross-Connection Control Management Program. A. No person shall make or maintain a cross-connection with the city water system. B. Backflow prevention devices assemblies (BPAs) shall be installed on each property that has any of the following: 1. A substance, other than an auxiliary water supply approved by the director and local health agency as an additional source, that is handled in such fashion as may allow entry into the city water system. 2. Internal cross-connections that cannot be permanently controlled to the satisfaction of the director and the local health agency. 3. Intricate piping arrangements making it impracticable to ascertain the existence of cross-connections. 4. A high probability of hazardous cross-connections. -3- 1 0 4 3 6 5. The type and use of materials handled and present, or likely to be, on the user premises. 6. Conditions that increase the likelihood of a backflow event (e.g., hydraulic gradient differences impacted by main breaks and high water-demand situations, multiple service connections that results in flow-through conditions, etc.) 7. User premises accessibility concerns or constraints. C. No backflow prevention device assembly shall be removed, relocated or replaced without the prior written approval of the director. The director may condition any approval to ensure that the removal, relocation or replacement is not detrimental to the public health, safety or welfare. D.The City Council shall from time to time by resolution adopt cross-connection standards that further establish the City's requirements for design, construction, installation, and maintenance of backflow prevention assemblies, in order to comply with and implement the requirements of the Cross-Connection Control Policy Handbook, as may be amended. E. The Director shall maintain policies and procedures consistent with the purpose of this section, and appoint at least one person certified as a Cross-Connection Control Specialist or designee to administer the provisions of this section, and any other rules and regulations adopted by the City pursuant to this section. F. Any water user shall comply with all provisions of this section, the City's cross-connection control standards, and any permit or order of the director issued in accordance therewith. G. The City may discontinue or refuse to supply water and/or sewer service to any premises that is not in strict compliance with (i) the requirements of this section, any rules, regulations, permit or order issued under the authority of this section, or (ii) if it is found that a required backflow prevention assembly has been removed, bypassed, or otherwise modified, or (iii) if unprotected cross- connection(s) otherwise exist on the premises. The director may summarily terminate water service to a property if necessary to eliminate a clear and immediate hazard to the city water system. The director shall afford the water user a hearing on the necessity for such termination if a request is filed within 10 days of the termination. The director may, following reasonable notice and an opportunity for a hearing, terminate water service to a property when there is a non-immediate hazard to the city water system or other violation of this section or applicable rules, regulations or conditions of any permit or order. The City may refuse to restore such service to the premises until the cross-connection is controlled through the proper installation and testing of an approved backflow prevention assembly and all other violations are eliminated. H. In addition to the foregoing, any violation of this section shall be subject to the penalties and remedies set out in this section and Chapter 1.15 of this code.” Section 3.California Environmental Quality Act Exemption. The City Council finds that it can be seen with certainty that there is no possibility that this Ordinance may have a significant effect on the environment, because it would not result in any physical impacts to the environment and will provide for greater environmental protection by preventing contamination of the City’s water supply. This Ordinance is therefore exempt from environmental review under the California Environmental Quality Act, (California Public Resources Code §§ 21000, et seq., (CEQA) and CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) pursuant to Section 15061(b)(3) of the CEQA -4- 1 0 4 3 6 Guidelines. This Ordinance is also not a project under CEQA because it will have no physical impact on the environment, and pursuant to CEQA Guidelines Section 15060(c)(3) is also not subject to further environmental review. Section 4.Savings Clause. Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in effect in the City or within the territory comprising the City, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this Ordinance, nor be construed as a waiver of any license, fee or penalty or the penal provisions applicable to any violation of such ordinances. Section 5.Severability. If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional. Section 6.Certification. The City Clerk shall certify the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. Section 7.Effective Date. This Ordinance shall take effect and be in full force thirty (30) days after its passage. INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on the 22nd day of September 2025. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the _____ day of _________ 2025. AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa Landau, Mayor ATTEST: Gloria D. Harper, City Clerk APPROVED AS TO FORM: ___________________________ Nicholas Ghirelli, City Attorney -5- 1 0 4 3 6 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance 1720 was introduced for first reading at a regular meeting held on the 22nd day of September 2025, and was passed, approved, and adopted by the City Council at a regular meeting held on the _____ day of ________ 2025, and do hereby further certify that the Ordinance has been published pursuant to the Seal Beach Charter and Resolution Number 2836. Gloria D. Harper, City Clerk City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 Contents 1 Cross Connection Control Policy Overview ..................................................................... 1-1 1.1 Objective ............................................................................................................... 1-1 1.2 Applicability ........................................................................................................... 1-1 1.3 Policy Development Background and Legal Authorities .............................................. 1-1 1.4 California Safe Drinking Water Act ............................................................................ 1-1 1.5 Acronyms and Abbreviations ................................................................................... 1-3 1.6 Definitions and General Requirements ..................................................................... 1-4 2 Hazard Assessments and Required Protection ................................................................ 2-1 2.1 Hazard Assessments .............................................................................................. 2-1 2.2 Hazard Assessment Process ................................................................................... 2-2 2.2.1 Phase 1 - Commercial/Industrial Connections with Backflow Protection ............. 2-2 2.2.3 Phase 3 - Commercial/Industrial Connections without Backflow Protection ........ 2-3 2.2.4 Phase 4 – Residential Connections without Backflow Protection ......................... 2-3 3 Operating Rules or Ordinances ....................................................................................... 3-1 4 Backflow Prevention ...................................................................................................... 4-1 4.1 Backflow Prevention Requirements ......................................................................... 4-1 4.2 Backflow Prevention Assemblies ............................................................................. 4-3 4.2.1 Standards for Types of Backflow Protection ....................................................... 4-3 4.2.2 Installation Criteria for Backflow Protection ....................................................... 4-4 5 Non-Testable Devices .................................................................................................... 5-1 5.1 Non-testable backflow preventer testing procedures ................................................ 5-1 6 Certified Backflow Prevention Assembly Testers and Certified Cross-Connection Control Specialists ........................................................................................................................... 6-1 6.1 Backflow Tester Certification ................................................................................... 6-1 6.1.1 Backflow Tester List (optional or to be edited for the specific City/District) ........... 6-1 6.2 Cross-Connection Control Specialist Certification .................................................... 6-2 7 Backflow Incident Response, Reporting and Notification .................................................. 7-1 7.1 Backflow Incident Response Procedure ................................................................... 7-1 7.2 Backflow Incident Notification ................................................................................ 7-1 8 Cross-Connection Control Program Coordinator ............................................................. 8-1 City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 8.1 Cross Connection Control Specialist Designee ......................................................... 8-2 9 Recordkeeping .............................................................................................................. 9-1 9.1 Records Retained ................................................................................................... 9-1 9.2 Recordkeeping Policy and Procedures ..................................................................... 9-2 9.2.1 Residential Site Assessments ........................................................................... 9-3 9.2.2 Industrial/Commercial site assessments .......................................................... 9-4 10 User Supervisors ......................................................................................................... 10-1 11 Backflow Prevention Assembly Testing and Reporting .................................................... 11-1 11.1 Backflow Testing Notification Process .................................................................... 11-1 11.2 Damaged, missing, or improperly installed backflow prevention assemblies. ........... 11-2 12 Public Outreach and Education .................................................................................... 12-1 13 Local Entity Coordination ............................................................................................. 13-1 Tables Table 6 -1 Certified Backflow Testers ..................................................................................... 6-1 Table 6 -2 Certified Cross Connection Control Specialists ...................................................... 6-2 Appendices Appendix A What is a Cross Connection? Appendix B Assembly Bill 1671 (AB 1671) was approved and filed with the Secretary of State on October 6, 2017. Appendix C AB 1671 amended California’s SDWA through the establishment of CHSC Sections 116407 and 116555.5. AB 1671 also amended section 116810 of the CHSC. Appendix D City of Seal Beach Municipal Code No. – 9.35.090 Appendix E High Hazard Premises Appendix F Assessment Database Description Appendix G Initial Hazard Assessment (Self Report Letter) Appendix H Backflow Prevention Assembly Diagrams Appendix I City Records Retention Policy Appendix J Incident Response Form Appendix K Water Operations Division Emergency Response Plan (Main Doc and Appendix C Only) Appendix L General Cross Connection Control Survey Form DRAFT City of Seal Beach CCCMP March 2025 1-1 1 Cross Connection Control Policy Overview 1.1 Objective The primary objective of the Cross-Connection Control Management Plan (CCCMP) is to bring the City into compliance with the Cross Connection Control Policy Handbook (CCCPH) developed by the State Water Resources Control Board (State Water Board) for the protection of public health through the establishment of standards intended to ensure a public water system’s (PWS) drinking water distribution system will not be subject to the backflow of liquids, gases, or other substances, see CCCMP Appendix A. In addition, by providing basic educational information on backflow prevention, the City intends to build a foundation of awareness within the City regarding the importance of backflow protection and cross- connection control, leading to the implementation of a robust cross-connection control program. This City CCCMP also is considered a living reference document and is subject to periodic editing upon operational constraints, relevant ordinance changes, and use case, if the necessity arises. This is also to include any numbers and information provided at the specific time of drafting this document, such as number of service connections, points of contact, and other relevant information pertaining to it. Per Section 3.1.4 (b)(1), the description the City will implement the requirements of the State CCCPH by implementing Seal Beach Municipal Code 9.35.090 and procedures as detailed in this CCCMP. 1.2 Applicability The State CCCPH and its standards apply to all California PWSs, as defined in California’s Health and Safety Code (CHSC, section 116275 (h)). Compliance with the State CCCPH is mandatory for all California PWSs. The City’s CCCMP has been developed in conformance to the State CCCPH and is applicable to all customers within the City service area. 1.3 Policy Development Background and Legal Authorities Through the adoption of the State CCCPH, the State Water Board exercised its authority, under California’s Safe Drinking Water Act (SDWA), to establish enforceable standards applicable to California’s PWSs. Failure to comply with the CCCMP which is in conformance with the State CCCPH may result in the issuance of compliance, enforcement, or other corrective actions against the City. 1.4 California Safe Drinking Water Act On October 6, 2017, Assembly Bill 1671 (AB 1671) was approved and filed with the Secretary of State (see CCCMP Appendix B). AB 1671 amended California’s SDWA through the City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 establishment of CHSC sections 116407 and 116555.5. AB 1671 also amended section 116810 of the CHSC, which is briefly discussed in CCCMP Appendix C. On October 2, 2019, Assembly Bill 1180 (AB 1180) was approved and filed with the Secretary of State. AB 1180 amended Section 116407 of the CHSC and added section 13521.2 to the Water Code. AB 1180 requires that the CCCPH include provisions for the use of a swivel or changeover device (swivel-ell). Pursuant to sections 116407 and 116555.5 of the CHSC, the State Water Board chose to adopt standards for backflow protection and cross-connection control through the adoption of this State CCCPH, which became effective July 1, 2024. · The State Water Board is required to adopt regulations for the control of cross- connections that it determines to be necessary for ensuring PWSs “distribute a reliable and adequate supply of pure, wholesome, potable, and healthy water.” (CHSC section 116375, subd. (c).) · Any person who owns a PWS is required to ensure that the distribution system will not be subject to backflow under normal operating conditions. (CHSC section 116555, subd. (a)(2).) Prior to AB 1671 and the adoption of the State CCCPH, California’s regulations pertaining to cross-connection control were set forth in regulations in CCR Title 17, which were adopted in 1987 with minor revisions in 2000. Although still protective of public health, the CCR Title 17 cross-connection regulations required updating as both the drinking water and cross- connection control industries had evolved. This State CCCPH updates those regulations, which as previously noted are no longer operative following the adoption of the State CCCPH. The State Water Board may update its standards for backflow protection and cross- connection control through revisions of the State CCCPH. Prior to adopting substantive revisions to the State CCCPH, the State Water Board will consult with state and local agencies and persons identified as having expertise on the subject by the State Water Board, and the State Water Board will hold at least one public hearing to consider public comments. City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 1.5 Acronyms and Abbreviations As used in this policy, acronyms and abbreviations reference the following: Acronym or Abbreviation Meaning AB Assembly Bill AG Air Gap separation BAT Best Available Technology BPA Backflow Prevention Assembly Bus. & Prof. Code Business and Professional Code CA California CBSC California Building Standards Commission CCCMP Cross Connection Control Management Plan CCCPH Cross-Connection Control Policy Handbook CCR California Code of Regulations C.F.R. Code of Federal Regulations CHSC California Health and Safety Code City City of Seal Beach Civ. Code Civil Code DC Double Check valve backflow prevention assembly DCDA Double Check Detector backflow prevention Assembly DCDA-II Double Check Detector backflow prevention Assembly – type II Division Division of Drinking Water EPA Environmental Protection Agency Gov. Code Government Code MCL Maximum Contaminant Level Muni Code Municipal Code Pen. Code Penal Code PVB Pressure Vacuum Breaker backsiphonage prevention assembly PWS Public Water System RP Reduced Pressure principle backflow prevention assembly RPDA Reduced Pressure principle Detector backflow prevention Assembly RPDA-II Reduced Pressure principle Detector backflow prevention Assembly – type II RW Recycled Water SB Senate Bill SDWA Safe Drinking Water Act State Water Board State Water Resources Control Board SVB Spill-resistant Pressure Vacuum Breaker backsiphonage prevention assembly U.S. United States City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 1.6 Definitions and General Requirements The following definitions apply to the terms used in the CCCPH: “Air-gap separation” or “AG” means a physical vertical separation of at least two (2) times the effective pipe diameter between the free-flowing discharge end of a potable water supply pipeline and the flood level of an open or non-pressurized receiving vessel, and in no case less than one (1) inch. “Approved water supply” means a water source that has been approved by the State Water Board for domestic use in a public water system and designated as such in a domestic water supply permit issued pursuant to section 116525 of the CHSC. “Auxiliary water supply” means a source of water, other than an approved water supply, which is either used or equipped, or can be equipped, to be used as a water supply and is located on the premises of, or available to, a water user. “Backflow” means an undesired or unintended reversal of flow of water and/or other liquids, gases, or other substances into a public water system’s distribution system or approved water supply. “Backflow prevention assembly” or “BPA” means a mechanical assembly designed and constructed to prevent backflow, such that while in-line it can be maintained and its ability to prevent backflow, as designed, can be field tested, inspected, and evaluated. “Backflow prevention assembly tester” means a person who is certified as a backflow prevention assembly tester. “Community water system” means a public water system that serves at least 15 service connections used by yearlong residents or regularly serves at least 25 yearlong residents of the area served by the system. “Contact hour” means not less than 50 minutes of a continuing education course. “Continuing education course” means a presentation or training that transmits information related to cross-connection control programs and backflow prevention and protection. “Cross-connection” means any actual or potential connection or structural arrangement between a public water system, including a piping system connected to the public water system and located on the premises of a water user or available to the water user, and any source or distribution system containing liquid, gas, or other substances not from an approved water supply. “Cross-connection control specialist” means a person who is certified as a cross- connection control specialist. City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 “Distribution system” has the same meaning as defined in section 63750.50 of CCR, Title 22, Division 4, Chapter 2. “Double check detector backflow prevention assembly” or “DCDA” means a double check valve backflow prevention assembly that includes a bypass with a water meter and double check backflow prevention assembly, with the bypass’s water meter accurately registering flow rates up to two gallons per minute and visually showing a registration for all rates of flow. This type of assembly may only be used to isolate low hazard cross-connections. See Appendix H. “Double check detector backflow prevention assembly – type II” or “DCDA-II” means a double check valve backflow prevention assembly that includes a bypass around the second check, with the bypass having a single check valve and a water meter accurately registering flow rates up to two gallons per minute and visually showing a registration for all rates of flow. This type of assembly may only be used to isolate low hazard cross-connections. “Double check valve backflow prevention assembly” or “DC” means an assembly consisting of two independently-acting internally-loaded check valves, with tightly closing shut-off valves located at each end of the assembly (upstream and downstream of the two check valves) and fitted with test cocks that enable accurate field testing of the assembly. This type of assembly may only be used to isolate low hazard cross- connections. “Existing public water system” or “existing PWS” means a public water system initially permitted on or before July 1, 2024 as a public water system by the State Water Board. “Hazard Assessment” means an evaluation of a user premises designed to evaluate the types and degrees of hazard at a user’s premises. “High hazard cross-connection” means a cross-connection that poses a threat to the potability or safety of the public water supply. Materials entering the public water supply through a high hazard cross-connection are contaminants or health hazards. See CCCMP Appendix E for some examples. “Low hazard cross-connection” means a cross-connection that has been found to not pose a threat to the potability or safety of the public water supply but may adversely affect the aesthetic quality of the potable water supply. Materials entering the public water supply through a low hazard cross-connection are pollutants or non-health hazards. “New public water system” or “new PWS” means a public water system permitted after July 1, 2024 as a public water system by the State Water Board. A new public water system includes a public water system receiving a new permit because of a change in ownership. City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 “Premises containment” means protection of a public water system’s distribution system from backflow from a user’s premises through the installation of one or more air gaps or BPAs, installed as close as practical to the user’s service connection, in a manner that isolates the water user’s water supply from the public water system’s distribution system. “Pressure vacuum breaker backsiphonage prevention assembly” or “PVB” means an assembly with an independently-acting internally-loaded check valve and an independently-acting loaded air inlet valve located on the discharge side of the check valve; with test cocks and tightly closing shutoff valves located at each end of the assembly that enable accurate field testing of the assembly. This type of assembly may only be used for protection from backsiphonage and is not to be used to protect from backpressure. See Diagram 4, CCCMP Appendix H. “Public water system” or “PWS” has the same meaning as defined in section 116275(h) of the CHSC. “Recycled Water" is a wastewater which as a result of treatment is suitable for uses other than potable use. “Reduced pressure principle backflow prevention assembly” or “RP” means an assembly with two independently acting internally-loaded check valves, with a hydraulically operating mechanically independent differential-pressure relief valve located between the check valves and below the upstream check valve. The assembly shall have shut-off valves located upstream and downstream of the two check-valves, and test cocks to enable accurate field testing of the assembly. See Appendix H. “Reduced pressure principle detector backflow prevention assembly” or “RPDA” means a reduced pressure principle backflow prevention assembly that includes a bypass with a water meter and reduced pressure principle backflow prevention assembly, with the bypass’s water meter accurately registering flow rates up to two gallons per minute and visually showing a registration for all rates of flow. See Appendix H. “Reduced pressure principle detector backflow prevention assembly – type II” or “RPDA-II” means a reduced pressure principle backflow prevention assembly that includes a bypass around the second check, with the bypass having a single check valve and a water meter accurately registering flow rates up to two gallons per minute and visually showing a registration for all rates of flow. See Appendix H. “Spill-resistant pressure vacuum breaker backsiphonage prevention assembly” or “SVB” means an assembly with an independently-acting internally-loaded check valve and an independently-acting loaded air inlet valve located on the discharge side of the check valve; with shutoff valves at each end and a test cock and bleed/vent port, to enable accurate field testing of the assembly. This type of assembly may only be used for protection from backsiphonage and is not to be used to protect from backpressure. See Appendix H. City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 “State Water Board,” unless otherwise specified, means the State Water Resources Control Board or the local primacy agency having been delegated the authority to enforce the requirements of the CCCPH by the State Water Resources Control Board. “Swivel-Ell” means a reduced pressure principle backflow prevention assembly combined with a changeover piping configuration (swivel-ell connection) designed and constructed pursuant to this Chapter. See Appendix H. “User premises” means the property under the ownership or control of a water user and is served, or is readily capable of being served, with water via a service connection with a public water system. “User’s service connection” means either the point where a water user’s piping is connected to a water system or the point in a water system where the approved water supply can be protected from backflow using an air gap or backflow prevention assembly. “User Supervisor” means a person designated by a water user to oversee a water use site and responsible for the avoidance of cross-connections. “Water supplier” means a person who owns or operates a public water system. “Water user” means a person or entity who is authorized by the PWS to receive water. DRAFT City of Seal Beach CCCMP March 2025 2-1 2 Hazard Assessments and Required Protection In accordance with the State CCCPH, Section 3.1.3 (a)(3) – Hazard Assessments, Section 3.1.4 (b)(2), and Section 3.2.1 – The City must survey its service area and conduct hazard assessments per Article 2 of the State CCCPH that identifies actual or potential cross- connection hazards, degree of hazard, and any backflow protection needed. 2.1 Hazard Assessments a. To evaluate the potential for backflow into the City’s water distribution system the City must conduct an initial hazard assessment of the user premises within its service area. The hazard assessment must consider: 1. The existence of cross-connections; 2. the type and use of materials handled and present, or likely to be, on the user premises; 3. the degree of piping system complexity and accessibility; 4. access to auxiliary water supplies, pumping systems, or pressure systems; 5. distribution system conditions that increase the likelihood of a backflow event (e.g., hydraulic gradient differences impacted by main breaks and high water- demand situations, multiple service connections that may result in flow-through conditions, etc.); 6. user premises accessibility; 7. any previous backflow incidents on the user premises; and 8. the requirements and information provided in the State CCCPH, and the City’s CCCMP. b. Each hazard assessment must identify the degree of hazard to the City’s distribution system as either a high hazard cross-connection, a low hazard cross- connection, or having no hazard. Examples of some high hazard cross-connection activities may be found in CCCMP Appendix E. c. The hazard assessment must determine whether an existing BPA, if any, provides adequate protection based on the degree of hazard. d. Hazard assessments completed prior to the adoption of the State CCCPH may be considered as an initial hazard assessment provided that such hazard assessments and associated backflow protection provide protection consistent with the State CCCPH and the City describes their review of these assessments in the City’s CCCMP. e. Subsequent to the initial hazard assessment described in subsection (a), the City must perform a hazard assessment under the following criteria: 1. if a user premises changes account holder, excluding single-family residences; 2. if a user premises is connected to the City water distribution system; 3. if evidence exists of changes in the activities or materials on a user’s premises; City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 4. if backflow from a user’s premises occurs; 5. periodically, as identified in the City CCCMP required pursuant to State CCCPH section 3.1.4.; 6. if the State Water Board requests a hazard assessment of a user’s premises; or 7. if the City concludes an existing hazard assessment may no longer accurately represent the degree of hazard. f. A cross-connection control specialist must review or conduct each initial and follow-up hazard assessment pursuant to this section and make a written finding that, in the specialist’s judgment based on cross-connection control principles, the City’s hazard assessment properly identified all hazards at the time of the assessment, the appropriate degree of hazards, and the corresponding backflow protection. 2.2 Hazard Assessment Process In order to assess each connection in the City’s water distribution system for potential cross connection the City will undertake assessments in the following phases. As part of the hazard assessment process the City has created a tracking system for the assessments made under the CCCMP. See CCCMP Appendix F. Data will be gathered and logged into the assessment database in three phases. The initial hazard assessment form can also be found in Appendix G. The assessment database will be included in the City’s Records Retention Policy, see CCCMP Appendix I. IMPORTANT NOTE: Phases are to be completed sequentially, and not concurrently · Phase 1 - All connections with existing BPA at the meter connection · Phase 2 - All commercial/industrial/irrigation connections without BPA at the meter connection · Phase 3 – Residential connections without BPA at the meter connection 2.2.1 Phase 1 - Connections with Backflow Protection The City has 506 existing connections with an approved BPA at the meter as of June 4th, 2025. For existing connections with backflow protection the City will enter each address into the assessment tracking system indicating what type of BPA has been installed. The City’s Cross Connection Control Specialist will review the data when entered into the assessment database to verify that an appropriate BPA has been installed on the meter connection. The Cross Connection Control Specialist’s review date will be noted in the assessment database. It is assumed that a Cross Connection Control Specialist can process (3) existing connections with backflow protection installed at the meter per available hour, and the total number of annual Cross Connection Control Specialist available hours is 93 hrs./yr (5% of total annual 1,867 hrs., based on 2,080 hrs./yr less 80 hrs./yr for vacation, 45 hrs./yr for sick leave, and 88 hrs./yr for holidays) for a total of 279 existing connections per year per Cross Connection Control Specialist assigned by the District to cross connection control. City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 Based on the availability of the Cross Connection Control Project Specialist the District has determined that this phase of the assessments can be completed approximately within 3 years from the adoption of the City’s CCCMP, to account for buffer consumer response time. 2.2.2 Phase 2 - Commercial/Industrial/Irrigation Connections without Backflow Protection The City currently has 398 commercial/industrial connections without an approved BPA at the meter, as of June 4th, 2025. For commercial/industrial connections without a BPA installed at the meter, the City will provide a self-reporting letter to provide information regarding onsite conditions which would necessitate the installation of an approved BPA at the meter connection. The self-reporting letters are be distributed via direct mail. The self-reporting letters would be reviewed based on the available Cross Connection Control Specialist hours to review and process commercial/industrial self-reporting letters and the expected percent of self-reporting letters returned per distribution. · If the Cross Connection Control Specialist determines that based on the self-reporting letter that an approved BPA is not required, they will note that in the assessment database and the reason for not requiring an approved BPA. · If the Cross Connection Control Specialist determines that based on the self-reporting letter that an approved BPA is required, they will note that in the assessment database and notify the commercial/industrial customer that an approved BPA must be installed at the meter connection and note that determination in the assessment database. It is assumed that a Cross Connection Control Specialist can process (2) self-reporting letters per available hour, and the total number of annual Cross Connection Control Specialist available hours is 93 hrs./yr (5% of total annual 1,867 hrs., based 2,080 hrs./yr less 80 hrs./yr for vacation, 45 hrs./yr for sick leave, and 88 hrs./yr for holidays) for a total of 186 self-reporting letters per year per Cross Connection Control Specialist assigned by the District to cross connection control. Based on the availability of the Cross Connection Control Project Specialist the District has determined that this phase of the assessments can be completed within 3 years from the completion of Phase 1, to account for buffer consumer response time. 2.2.3 Phase 3 – Residential Connections without Backflow Protection For those residential connections without an approved BPA at the water connection the City will assess each site by means of office-based tools such as: · Reviewing sites via Google Maps or other aerial photography software · Reviewing tract maps to review blocks of residential customers in a common building area or zone. · Using meter route maps or other billing information databases. City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 · Residential coordination for any supplemental communication/in-field site visits The office-based assessment will review sites for: · Private water wells (if applicable) · Other auxiliary water supplies (if applicable) · Sewer lift stations (if applicable) · Graywater systems (if applicable) The office-based assessments would be conducted based on the available Cross Connection Control Specialist hours to review the office-based databases and/or files. · If the Cross Connection Control Specialist determines that based on the office-based assessment that an approved BPA is not required, they will note that in the assessment database. · If the Cross Connection Control Specialist determines that based on the office-based that an approved BPA is required, they will note that in the assessment database and notify the residential customer that an approved BPA must be installed at the meter connection and note that the customer has been contacted in the assessment database. The City has 4,969 residential connections without an approved BPA at the meter as of June 4th, 2025. For existing residential connections without backflow protection the City will enter each address into the assessment tracking system indicating what type of BPA has been installed. The City’s Cross Connection Control Specialist will review the data when entered into the assessment database to verify that an appropriate BPA has been installed on the meter connection. The Cross Connection Control Specialist’s review date will be noted in the assessment database It is assumed that a Cross Connection Control Specialist can process (12) existing residential connections with backflow protection installed at the meter per available hour, and the total number of annual Cross Connection Control Specialist available hours is 93 hrs./yr (5% of total annual 1,867 hrs., based on 2,080 hrs./yr less 80 hrs./yr for vacation, 45 hrs./yr for sick leave, and 88 hrs./yr for holidays) for a total of 1,116 existing connections per year per Cross Connection Control Specialist assigned by the City to cross connection control. Based on the availability of the Cross Connection Control Project Specialist the City has determined that this phase of the assessments can be completed within 5 years from the completion of Phase 2, to account for buffer consumer response time. DRAFT City of Seal Beach CCCMP March 2025 3-1 3 Operating Rules or Ordinances In accordance with the State CCCPH, Section 3.1.3 (a)(1), and Section 3.1.4(b)(1) and Section 3.1.4 (b)(3),the City must have operating rules, ordinances, by-laws, or a resolution to implement the cross-connection program. The City must have legal authority to implement corrective actions in the event a water user fails to comply in a timely manner with the City’s provisions regarding the installation, inspection, field testing, or maintenance of BPAs required pursuant to this Section. Such corrective actions must include the City ability to perform at least one of the following: · Deny or discontinue water service to a water user, · Install, inspect, field test, and/or maintain a BPA at a water user’s premises, or · Otherwise address in a timely manner a failure to comply with the City’s cross- connection control program. The City’s backflow and cross-connection prevention requirements are contained in the City’s Municipal Code 9.35.090. A copy of the draft Municipal Code with stated revisions is attached as CCCMP Appendix D. The City is in the process of revising the existing Municipal Code in order to reflect the updated references set forth in the Cross-Connection Control Policy Handbook, effective date of July 1st, 2025. Since the adoption of the CCCMP would require the Municipal Code change, it would require (2) separate readings for eventual adoption. The current tentative dates, which are subject to change, that are scheduled for the readings or to be conducted on July 28th, 2025, and August 11th, respectively. DRAFT City of Seal Beach CCCMP March 2025 4-1 4 Backflow Prevention In accordance with the State CCCPH, Section 3.1.3 (a)(4) and Section 3.2.2 – the City must ensure that actual and potential cross-connections are eliminated when possible or controlled by the installation of approved BPAs or AG’s consistent with the requirements of the Article 3 of the State CCCPH and the sections to follow. 4.1 Backflow Prevention Requirements (a) The City must ensure its distribution system is protected from backflow from identified hazards through the proper installation, continued operation, and field testing of an approved BPA (see Section 4.2.1 for installation and approved BPA criteria). When a DC is required or referenced in the State CCCPH, a DCDA or DCDA-II type of assembly may be substituted if appropriate. When an RP is required or referenced in the State CCCPH, an RPDA or RPDA-II type of assembly may be substituted if appropriate. (b) The BPA installed must be no less protective than that which is commensurate with the degree of hazard at a user premises, as specified in this section and as determined based on the results of the hazard assessment conducted pursuant to CCCMP Section 3. (c) Unless specified otherwise in this section, a City must, at all times, protect its distribution system from high hazard cross-connections (see CCCMP Appendix E for examples), through premises containment, through the use of AG(s) or RP(s). (1) Following State Water Board review and approval, the City may implement an alternate method of premises containment in lieu of a required AG provided that the proposed alternative would provide at least the same level of protection to public health. (2) Following State Water Board review and approval, the City may accept internal protection in lieu of containment when premises containment is not feasible. (d) Except as otherwise allowed or prohibited in statute or in CCR Title 22, Division 4, Chapter 3, a swivel-ell may be used instead of an AG for premises containment protection when temporarily substituting tertiary recycled water use areas with potable water from a PWS if all the following criteria are met: (1) the swivel-ell is approved by the State Water Board; (2) the City has a cross-connection control program, required pursuant to the State CCCPH Section 3.1.3, and the use and operation of the swivel-ell is (3) described in the CCCMP required pursuant to the State CCCPH Section 3.1.4; (4) the design and construction-related requirements of the swivel-ell adheres to the criteria in CCCMP; (5) at least every 12 months, inspections are performed and documented to confirm ongoing compliance with the design and construction-related requirements in CCCMP; City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 (6) the RP used in conjunction with the swivel-ell is field tested and found to be functioning properly: (A) immediately upon each switchover to potable water use, a visual inspection of the RP must be completed (B) within 72 hours of each switchover to potable water use, a field test must be completed, and (C) at least every 12 weeks the use site is supplied with potable water; and (7) there is a legally binding agreement between the City and the entity supplying the recycled water, signed by those with relevant legal authority, which includes the following requirements: (A) The State Water Board will be notified within 24 hours of all switchovers to or from potable water, will be given an estimate of the timeframe until the next switchover, and will be provided the results of the field testing required in paragraph (5); (B) a trained representative of the City be present to supervise each switchover; and (C) within seven days of each switchover, if requested by the State Water Board, the City will submit a written report describing compliance with this subsection, as well as potable and recycled water usage information. (e) Except as noted below, the City must ensure its distribution system is protected with no less than DC protection for a user premises with a fire protection system within ten years of adoption of the State CCCPH. (1) A high hazard cross-connection fire protection system, including but not limited to fire protection systems that may utilize chemical addition (e.g., wetting agents, foam, anti-freeze, corrosion inhibitor, etc.) or an auxiliary water supply, must have no less than RP protection. (2) For existing fire protection systems that do not meet the State CCCPH, Section 3.2.2 (e)(3) or cannot install DC protection within ten years of adoption of the State CCCPH, the City may propose in the CCCMP submitted for compliance with the State CCCPH Section 3.1.4: (A) an alternative date; or (B) an alternative method of backflow protection that provides at least the same level of protection to public health. (3) A BPA is not necessary for a low hazard fire protection system on a residential user premises if the following criteria are satisfied: (A) the user premises has only one service connection to the City; (B) a single service line onto the user premises exists that subsequently splits on the property for domestic flow and fire protection system flow, such that the fire protection system may be isolated from the rest of the user City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 premises; (C) a single, water industry standard, water meter is provided to measure combined domestic flow and fire protection system flow; (D) the fire protection system is constructed of piping materials certified as meeting NSF/ANSI Standard 61; and (E) the fire protection system’s piping is looped within the structure and is connected to one or more routinely used fixtures (such as a water closet) to prevent stagnant water. (f) The State Water Board and the City may, at their discretion, require a water user to designate a user supervisor when the user premises has a multi-piping system that conveys various types of fluids and where changes in the piping system are frequently made. If a user supervisor is designated the following is required: (1) The user supervisor is responsible for the avoidance of cross-connections during the installation, operation and maintenance of the water user’s pipelines and equipment. The user supervisor must be trained on the fluids used and backflow protection for the premise, and must inform the City of changes in piping, and maintain current contact information on file with the City; and; (2) The City must include in the CCCMP required in the State CCCPH Section 3.1.4 the training and qualification requirements for user supervisors, identify the entity that will provide the user supervisor training, and frequency of any necessary recurring training. The training must adequately address the types of hazards and concerns typically found. (g) Facilities producing, treating, storing, or distributing drinking water that are an approved water supply or water recycling plants as defined by CCR Title 22, Section 60301.710 must have proper internal protection from cross-connections to ensure that all drinking water produced and delivered to customers and workers at those facilities is free from unprotected cross-connections. 4.2 Backflow Prevention Assemblies 4.2.1 Standards for Types of Backflow Protection (a) Each AG used for the CCCMP must meet the requirements in Table 1, Minimum Air Gaps for Generally used Plumbing Fixtures, page 4 of the American Society of Mechanical Engineers (ASME) A112.1.2- 2012(R2017). (b) Each replaced or newly installed PVB, SVB, DC, and RP for protection of the PWS must be approved through both laboratory and field evaluation tests performed in accordance with at least one of the following: (1) Standards found in Chapter 10 of the Manual of Cross-Connection Control, (Current Edition), published by the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research; (2) certification requirements for BPAs in the Standards of ASSE International current as of 2022 that include ASSE 1015-2021 for the DC, ASSE 1048-2021 for City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 the DCDA & DCDA-11, ASSE 1013-2021 for the RP, and ASSE 1047-2021 (3) for the RPDA & RPDA-II and must have the 1YT mark. (c) BPAs must not be modified following approval granted under Section 4.2.1(b). The City requires that BPA testers notify the City if a water user or City-owned BPA has been modified from the CCCMP Section 4.2.1(b) approval. 4.2.2 Installation Criteria for Backflow Protection (a) For AGs, the following is required: (1) The receiving water container must be located on the water user’s premises at the water user’s service connection unless an alternate location has been approved by the City; (2) all piping between the water user’s service connection and the discharge location of the receiving water container must be above finished grade and be accessible for visual inspection unless an alternative piping configuration is approved by the City; (3) the City must ensure that the AG specified in the State CCCPH Section 3.3.1 (a) has been installed; and (4) any new air gap installation at a user’s service connection must be reviewed and approved by the State Water Board prior to installation (b) RPs must be installed such that the lowest point of an assembly is a minimum of twelve inches (12”) above grade, and a maximum of thirty-six inches (36”) above the finished grade, unless an alternative is approved by the PWS. (c) DCs installed or replaced after the adoption of the State CCCPH must be installed according to the State CCCPH Section 3.3.2 (b). Below ground installation can be considered if approved by the City where it determines no alternative options are available. (d) A PVB or SVB must be installed at a minimum of twelve inches (12”) above all downstream piping and outlets. (e) SVBs may not be used for premises containment. PVBs may only be used for roadway right of way irrigation systems as premises containment where there is no potential for backpressure. (f) A RP or DC installed after the adoption of the State CCCPH must have a minimum side clearance of twelve inches (12”), except that a minimum side clearance of twenty-four inches (24”) must be provided on the side of the assembly that contains the test cocks. The City may approve alternate clearances providing that there is adequate clearance for field testing and maintenance. (g) Backflow protection must be located as close as practical to the water user’s service connection unless one or more alternative locations have been approved by the City. If internal protection is provided in lieu of premises containment, the City must obtain City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 access to the user premises and must ensure that the on-site protection meets the requirements of this Chapter for installation, field testing, and inspections. (h) Each BPA and air gap separation must be accessible for field testing, inspection, and maintenance. (i) Each BPA, by default, is to have external protection around itself for system security and theft deterrence; i.e., cages, bollards, etc., unless otherwise indicated from Utilities Division supervisors and managers. Installation drawings for each type of BPA are contained in Appendix H. Any deviation from the City Standard Drawings is to be approved by the Water Services Supervisor prior to installation. DRAFT City of Seal Beach CCCMP March 2025 5-1 5 Non-Testable Devices 5.1 Non-testable backflow preventer testing procedures There are non-testable backflow preventer devices at water facilities under the City ownership or administration. These are shown in Table 5-1 below. Table 5-1 Non-testable City Owned BPA at City Water Facilities TABLE OF CITY-OWNED NON-TESTABLE BACKFLOW PREVENTION ASSEMBLIES LOCATION AIR GAPS HOSE BIB VACUUM BREAKERS (HBVBs) ATMOSHPERIC VACUUM BREAKERS (AVBs) SINGLE CHECK INTERMEDIATE AIR VENT TYPE BACKFLOW NOTES LAMPSON WELL YES YES NO YES NO BOLSA CHICA WELL YES YES NO YES NO BEVERLY MANOR WELL AND RESERVOIR YES YES NO YES NO NAVY PUMP STATION AND RESERVOIR YES YES NO YES NO LEISURE WORLD WELL NO YES NO NO NO Inactive Potable Water Groundwater Well Important Note: Air gaps at the facilities above are to be inspected by the Cross Connection Specialist or designee on an annual basis, of which is covered in Appendix L. City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 6 Certified Backflow Prevention Assembly Testers and Certified Cross-Connection Control Specialists In accordance with the State CCCPH, Section 3.1.3 (a)(5), Section 3.1.4 (b)(6), and Section 3.4.1 – the City must ensure that each BPA required by the CCCMP to protect the City’s domestic water system is field tested by a person with valid certification from a certifying organization recognized by the State Water Board pursuant to the State’s CCCPH. 6.1 Backflow Tester Certification All backflow testers testing within the service area of the City must provide evidence of current certification from a State Water Board-recognized organization certifying backflow prevention assembly testers. Certifying organizations must be recognized by the State Water Board in accordance with the requirements of the State CCCPH and ISO/IEC 17024. Beginning on July 1, 2025, only those testers with a valid certification from a State Water Board recognized certifying organization shall be allowed to test BPA’s in the City’s service area, certifications from any other entity will be considered invalid. 6.1.1 Backflow Tester List (optional or to be edited for the specific City/District) The City maintains a list of approved Backflow Testers. Backflow Testers must provide evidence of certification from a State Water Board recognized certifying organization and hold a current City business license in order to perform backflow testing in the City. · Contact Darrick Escobedo, Water Services Supervisor, descobedo@sealbeachca.gov to obtain a copy of the list of testers. · A copy of the list of approved testers can also be downloaded from the City website at: https://www.ochealthinfo.com/about-hca/public-health-services/environmental-health- division/environment-food-safety/water · City requires that all Backflow Testers provide current calibration information for all test equipment to be used for testing within the City service area. The City has 1 staff member who is certified by a State Water Board recognized certifying organization as Backflow Testers. The staff is listed in Table 6-1 below. City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 Table 6-1 City Backflow Testers Name Agency Address Phone No. Email Certification No. Certification Expiration Date Michael LaPlante City of Seal Beach 176 Adolfo Lopez Dr, Seal Beach, CA 90740 (714) 552-9546 mlaplante@sealbeachca.gov 19705 6/30/2027 6.2 Cross-Connection Control Specialist Certification All Cross-Connection Control Specialists, used by the City pursuant to the requirements of the State CCCPH, shall have valid certification from a State Water Board recognized certifying organization, which complies with the State CCCPH, will be considered to be a State Water Board-recognized certifying organization. Beginning three years after the effective date of the State CCCPH, only those Cross- Connection Control Specialists with a valid certification from a State Water Board recognized certifying organization shall satisfy the requirements of the State CCCPH. Certifications obtained by organizations that do not meet the requirements of the State CCCPH will be invalid. The City has 2 staff members who are certified by a State Water Board recognized certifying organization as Cross Connection Control Specialists. The staff members are listed in Table 6-2 below. Table 6-2 Certified Cross Connection Control Specialists Name Agency Address Phone No. Email Certification No. Certification Expiration Date Michael LaPlante City of Seal Beach 1776 Adolfo Lopez Dr, Seal Beach, CA 90740 (714) 552-9546 mlaplante@sealbeachca.gov 03709 6/30/2027 Sean Low City of Seal Beach 1776 Adolfo Lopez Dr, Seal Beach, CA 90740 (562)370-3928/(714) 716-6836 slow@sealbeachca.gov 02958 6/30/2026 City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 7 Backflow Incident Response, Reporting and Notification In accordance with the State CCCPH, Section 3.1.3(a)(8), Section 3.1.4 (b)(7), and Section 3.5.2 the City has developed and implemented procedures for investigating and responding to suspected or actual backflow incidents. The procedure for responding to backflow incidents, reporting any incidents, and reporting those incidents, will be: 7.1 Backflow Incident Response Procedure In the event that a suspected backflow incident occurs in the City, the City’s response will include, but not limited to, the following: (a) Consideration of complaints or reports of changes in water quality as possible incidents of backflow; (b) Water quality sampling and pressure recording; and (c) Documentation of the investigation, and any response and follow-up activities. 7.2 Backflow Incident Notification In the event that a backflow incident occurs the Cross-Connection Control Coordinator will provide the following notification: (a) The Cross-Connection Control Coordinator will notify the State Water Board and Orange County Health Care Agency of any known or suspected incident of backflow within 24 hours of the determination. If required by the State Water Board, the City will issue a Tier 1 public notification pursuant to CCR, Title 22, Section 64463.1. (b) If required by the State Water Board, the City will submit, by a date specified by the State Water Board, a written incident report describing the details and affected area of the backflow incident, the actions taken by the City in response to the backflow incident, and the follow up actions to prevent future backflow incidents. The written report form is in CCCMP Appendix J. City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 8 Cross-Connection Control Program Coordinator In accordance with the State CCCPH, Section 3.1.3 (a)(2) and Section 3.1.4 (b)(8), the City must designate at least one individual involved in the development of and be responsible for the reporting, tracking, and other administration duties of its cross-connection control program. Further for public water systems with more than 3,000 service connections the Cross- Connection Control Program Coordinator must be a Cross-Connection Control Specialist. The City’s water system includes 5,418 domestic water connections. Therefore the City must have a Cross-Connection Control Program Coordinator, and the Coordinator must be a certified Cross-Connection Control Specialist with certification from a State Water Board recognized training operation. The City’s Cross-Connection Control Program Coordinator is: Name: Sean Low Organization: City of Seal Beach Address: 1776 Adolfo Lopez Dr., Seal Beach, CA 90740 Phone Number:562-370-3928 Email: slow@sealbeachca.gov Certification No.: 02958 Certifying Body: American Water Works Association (AWWA) CA-NV Section Cert. Expiration Date: 6/30/2026 The City’s Cross-Connection Control Program Specialist is: Name: Michael LaPlante Organization: City of Seal Beach Address: 1776 Adolfo Lopez Dr., Seal Beach, CA 90740 Phone Number: 714-552-9546 Email: mlaplante@sealbeachca.gov Certification No: 03709 Certifying Body: American Water Works Association (AWWA) CA-NV Section Cert. Expiration Date: 6/30/2027 The City’s CCCMP was developed in consultation with their Cross-Connection Control Specialist(s) because the City’s domestic water system has more than 1,000 service connections. The City’s designated Cross-Connection Control Specialist can be contacted within one hour, per the requirement of the State CCCPH for a PWS with 3,000 or more service connections. City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 8.1 Cross Connection Control Specialist Designee In the event the City’s Cross Connection Control Specialist is unavailable due to vacation, sickness, or other reason, the duties of the Cross Connection Control Specialist will be carried out by: -Water Operations Personnel trained in cross connection response procedures. -Contracted Cross Connection Control Specialist The following is a list of Designees at the City: Name: Darrick Escobedo Organization: City of Seal Beach Address: 1776 Adolfo Lopez Dr., Seal Beach, CA 90740 Phone Number: 562-217-9696 Email: descobedo@sealbeachca.gov City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 9 Recordkeeping In accordance with the State CCCPH, Section 3.1.3(a)(7) and Section 3.1.4 (b)(9) the City has developed and implemented a recordkeeping system for: 1. Backflow prevention assemblies (BPA) 2. Cross-connection information. 3. Commercial/Industrial and Residential site assessments. This recordkeeping system complies with the State CCCPH section 3.5.1, and the City’s Written Retention Policy included in CCCMP Appendix I. 9.1 Records Retained The City is to maintain the following records, if applicable at the time of CCCMP adoption, as well as onward from adoption: (a) The two most recent hazard assessments for each user premise, conducted pursuant to CCCPH section 3.2.1 (Hazard Assessment), if applicable for each user premise prior to the adoption of this CCCMP, (b) For each BPA, the associated hazard or application, location, owner, type, manufacturer and model, size, installation date, and serial number. (c) For each AG installation, the associated hazard or application and the location, owner, and as-built plans of the AG. (d) Results of all BPA field testing, AG inspections, swivel-ell inspections, and field tests for the previous two calendar years including the name, test date, repair date, and certification number of the backflow prevention assembly tester for each BPA field test and AG and swivel-ell. (e) Repairs made to, or replacement or relocation of, BPAs for the previous three calendar years. (f) The most current cross-connection tests (e.g., shutdown test, dye test).. (g) If a User Supervisor is designated for a user premise, the current contact information for the User Supervisor and Water User, and any applicable training and qualifications as described by State CCCPH section 3.2.2(f). (h) Descriptions and follow-up actions related to all backflow incidents. (i) If any portion of the cross-connection control program is carried out under contract or agreement, a copy of the current contract or agreement. City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 (j) The current Cross-Connection Control Management Plan as required in the State CCCPH Section 3.1.4. (k) Any public outreach or education materials issued as required in the State CCCPH section 3.1.3.(a)(7) for the previous three calendar years. (l) All records retained by the City will be made available to the State Water Board upon request. (m) Records of Commercial/Industrial site assessments. (n) Records of Residential site assessments. 9.2 Recordkeeping Policy and Procedures The City has a written Records Retention Policy which is contained in CCCMP Appendix I. The procedures are generally described below, that adhere to the City Records Retention policy in conjunction with this CCCMP (highlighted in red rectangle): City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 9.2.1 Phase 1 - Existing Connections with BPA Assessments Methodology: Electronic assessment document submitted as a PDF which is printed and reviewed by the Cross Connection Control Specialist then signed and scanned as a final PDF for filing into assessment database. · If no action is required: o Electronic copies are filed through existing City assessment database, hard copy paper files are filed in Public Works Yard Office Building o The Cross Connection Control Specialist detailed above or designee is responsible for the electronic and paper filing o The Cross Connection Control Specialist is responsible for electronic and hard copy maintenance of the assessment records in addition to the proper disposal of the records in accordance with existing City Records Retention Policy o Assessment Data in this section is stored by customer address · If action is required: o Notification generated by Cross Connection Control Specialist that a backflow is required. o Notification is to be mailed to commercial customer as soon as possible o Specialist follows up in 30 days (unless with written approval by Cross Connection Specialist) to verify that backflow has been installed, or has been reassessed with an outcome of “no further action required” City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 o Action is to be noted in assessment database. o Action is to be noted and signed by Michael LaPlante, Cross Connection Control Specialist, or designee. 9.2.2 Phase 2 - Commercial/Industrial/Irrigation Connections without BPA Assessments Methodology: Electronic assessment document in the form of an Excel spreadsheet is developed by the Cross Connection Control Specialist then signed and scanned as a final PDF for filing into assessment database. · If no action is required: o Electronic copies are filed through existing City assessment database, hard copy paper files are filed in Public Works Yard Office Building o The Cross Connection Control Specialist detailed above or designee is responsible for the electronic and paper filing o The Cross Connection Control Specialist is responsible for electronic and hard copy maintenance of the assessment records in addition to the proper disposal of the records in accordance with existing City Records Retention Policy o Assessment Data in this section is stored by customer address · If action is required: o Notification generated by Cross Connection Control Specialist that a backflow is required. o Notification is to be mailed to commercial customer as soon as possible o Specialist follows up in 30 days to verify that backflow has been installed, or has been reassessed with an outcome of “no further action required” o Action is to be noted in assessment database. o Action is to be noted and signed by Michael LaPlante, Cross Connection Control Specialist, or designee. 9.2.3 Phase 3 - Residential Connection without BPA - Assessments Methodology: Electronic assessment document in the form of an Excel spreadsheet is developed by the Cross Connection Control Specialist then signed and scanned as a final PDF for filing into assessment database. · If no action is required: o Electronic copies are filed through existing City assessment database, hard copy paper files are filed in Public Works Yard Office Building o The Cross Connection Control Specialist detailed above or designee is responsible for the electronic and paper filing o The Cross Connection Control Specialist is responsible for electronic and hard copy maintenance of the assessment records in addition to the proper City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 disposal of the records in accordance with existing City Records Retention Policy o Assessment Data in this section is stored by customer address · If action is required: o Notification generated by Cross Connection Control Specialist that a backflow is required. o Notification is to be mailed to residential customer as soon as possible o Specialist follows up in 30 days to verify that backflow has been installed, or has been reassessed with an outcome of “no further action required” o Action is to be noted in assessment database. o Action is to be noted and signed by Michael LaPlante, Cross Connection Control Specialist, or designee. City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 10 User Supervisors In accordance with the State CCCPH, Section 3.2.2 (3)(f),The State Water Board and City may, at their discretion, require a water user to designate a user supervisor when the user premises has a multi-piping system that conveys various types of fluids and where changes in the piping system are frequently made. If a user supervisor is designated the following is required: (1) The user supervisor is responsible for the avoidance of cross-connections during the installation, operation and maintenance of the water user’s pipelines and equipment. The user supervisor must be trained on the fluids used and backflow protection for the premise, and must inform the City of changes in piping, and maintain current contact information on file with the City; and, (2) The City must include in the CCCMP required in CCCPH Section 3.1.4 the training and qualification requirements for user supervisors if required by the State Water Board or City, identify the entity that will provide the user supervisor training, and frequency of any necessary recurring training. The training must adequately address the types of hazards and concerns typically found. The City has identified sites which require a user supervisors in the City which include: 1. Site Name: NWS Seal Beach Address: 800 Seal Beach Blvd, Seal Beach, CA 90740 User Supervisor Name: LCDR Timothy Palik, Public Works Officer Phone No.: 559-817-8908 Email address: timothy.s.palik.mil@us.navy.mil Reason for user supervisor: Federal Entity/Military Base City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 11 Backflow Prevention Assembly Testing and Reporting In accordance with the State CCCPH, Section 3.1.3 (a)(6) – the City must ensure that each BPA required by the CCCMP to protect the City’s domestic water system is field tested. The City must develop and implement a procedure for ensuring all BPAs are field tested, inspected, and maintained and AG’s are inspected and maintained in accordance with the State CCCPH, Section 3.3.3. 1. All BPAs installed in the City in compliance with it CCCMP must be field tested following installation, repair, depressurization for winterizing, or permanent relocation. All required field testing must be performed by certified backflow prevention assembly tester. 2. BPAs must be field tested at least annually. The State CCCPH does not preclude the City, the State Water Board, or a local health agency from requiring more frequent field testing for premises with high hazard cross-connection or BPA at increased risk of testing failure. 3. Air-gap separations must be visually inspected at least annually by a certified as backflow prevention assembly tester or certified as a cross-connection control specialist. 4. The City must receive passing field tests before providing continuous service to a water user with a newly installed BPA. 5. BPAs that fail the field test must be repaired or replaced within 30 days of notification of the failure by the City. Extensions may be allowed by the City if the backflow owner provides the City with adequate justification for an extension and a timeline to bring the BPA into compliance. Backflow prevention assembly testers must notify the City within (1) day if a backflow incident or an unprotected cross-connection is observed at the BPA or prior to the user premises during field testing. The City will immediately investigate and discontinue service to the user premises if a backflow incident is confirmed, and water service will not be restored to that user premises until the City receives confirmation of a passing BPA field test from a backflow prevention assembly tester and the assembly is protecting the City. 11.1 Backflow Testing Notification Process For each BPA in the City’s water distribution system, an annual notice that the BPA must be tested in accordance with the CCCMP will be distributed via hard-copy mailers to the respective owners. Upon receipt, the Owner will have (30) days to have the BPA tested by a certified backflow assembly tester, and the test results submitted to the City via email. Testers shall not only City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 email a copy of the completed test form to the City, but also email a copy of the form to the Orange County Care Agency at OCBackFlowTests@ochca.com. Each water user with a BPA on the service connection must comply with the following schedule in order to be in compliance with the CCCMP and continue to receive water service from the City. The order is as follows: · First notice – the first annual notice of BPA testing required is sent to the user via hard copy mail based upon the (30) day window from the due date that is recorded in the assessment database. The user has the aforementioned (30) days to complete the test and return via email · Second notice – if (30) days after the first notice was sent to the user, a second notice will be sent to the user by hard copy mail. The customer has an additional 30 days from the second notice to respond as well by email. · Third and Final notice – if (30) days after the second notice was sent to the user, the third and final notice will be sent to the user by hard copy mail. The customer then has 48 hours to respond back to the final notice either by phone, email, or hard copy mail on status of backflow compliance. · Termination of water service – if the user fails to provide the required test results 48 hours after the final notice, the water service will be terminated. 11.2 Damaged, missing, or improperly installed backflow prevention assemblies. In the event that a backflow prevention assembly is found or reported missing (or stolen), installed incorrectly, illegally modified, or tampered with, the City shall implement the following actions: · Assess site for any issues or further risks to public health (shutoff at meter, temporary water supply, etc.) · Notify responsible party of the device (if applicable) of the situation · Inform Utilities Division and Cross Connection Control Specialist or designee to determine corrective action procedures for CCCMP compliance · Cross Connection Control Specialist or designee to record and document corrective actions in existing City database · Fill out Appendix L for record keeping and file into existing assessment database City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 12 Public Outreach and Education In accordance with State CCCPH, Section 3.1.3 (a)(9) and Section 3.1.4 (b)(12) – the City has developed a cross-connection control public outreach and education program that is intended to educate staff, customers, and the community about backflow protection and cross- connection control. The City has a designated Public Information Officer (PIO) that provides a point of contact for the City regarding the City’s cross-connection control and backflow protection program and other water related issues. The City’s PIO is: Name: Captain Nick Nicholas Title: Police Captain, Public Information Officer City: City of Seal Beach Address: 911 Seal Beach Blvd, Seal Beach, CA 90740 Phone: 562-431-2527 ext. 1160 Email: nnicholas@sealbeachca.gov Public Outreach to educate the City’s customers on backflow and cross-connection control include information on backflow and cross-connections on the City’s website on the Consumer Confidence Report (CCR) which is: https://www.sealbeachca.gov/Departments/Public-Works Please be advised that the first implementation of this outreach effort is outlined starting in the 2025 Consumer Confidence Report. City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 13 Local Entity Coordination In accordance with the State CCCPH, Section 3.1.3 (a)(10) and Section 3.1.4 (b)(13) The City must coordinate with applicable local entities that are involved in either cross-connection control or public health protection to ensure hazard assessments can be performed, appropriate backflow protection is provided and provide assistance in the investigation of backflow incidents. Local entities may include but are not limited to plumbing, permitting, or health officials, law enforcement, fire departments, maintenance, and public and private entities. For the City the local entities which are involved in cross-connection control include, but are not limited to: Local Entity: Leisure World Contact Name: Ruben Gonzalez, Maintenance Director or equivalent Address: 13533 Seal Beach Blvd, Seal Beach, CA 90740 Phone: 562-431-6586 ext. 2366 Email: Coordination includes: Assessments, Notifications Local Entity: Naval Weapons Station Seal Beach Contact Name: LCDR Timothy Palik, PWO or equivalent Address: 800 Seal Beach Blvd, Seal Beach, CA 90740 Phone: 559-817-8908 Email: timothy.s.palik.mil@us.navy.mil Coordination includes: Assessments, Notifications Local Entity: Orange County Fire Authority Contact Name: Antonio Aleman, Assistant Fire Marshal Address: 1 Fire Authority Road, Irvine, CA 92602 Phone: 714-527-9431 Email: Antonio.aleman@ocfa.org Coordination includes: Assessments, Notifications Local Entity: Division of Drinking Water Contact Name: Minliang Shih, Associate Sanitation Engineer Address: 2 MacArthur Place, Suite 150, Santa Ana, CA 92707 Phone: (day) 714-547-0430, (evening) 714-496-1681 Email: minliang.shih@waterboards.ca.gov Coordination includes: Assessments, Notifications City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 Local Entity: City of Seal Beach Building Division Contact Name: Building 1 (Contracted Service) Address: 211 8th St, Seal Beach, CA 90740 Phone: 562-431-2527 ext. 1315 Email: Bldg1@transtech.org Coordination includes: Assessments, Notifications The City intends to include coordination with other local PWS through events which may include, but not be limited to, semi-annual gatherings with other PWS’ Cross Connection Control Coordinators, public outreach events, and vendor workshops. City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 Appendix A What is a Cross Connection? City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 Appendix A Background on Backflow Protection and Cross-Connection Control A.1 What is a Cross-Connection? A cross-connection is an interconnection between a potable water supply and a non-potable source via any actual or potential connection or structural arrangement between a PWS and any source or distribution system containing liquid, gas, or other substances not from an approved water supply. Bypass arrangements, jumper connections, removable sections, swivel or change-over devices and other temporary or permanent devices through which, or because of which backflow can occur are considered to be cross-connections.1 The State CCCPH includes acceptable installation criteria for swivel-ell and other types of backflow prevention assemblies (BPAs) to prevent backflow. Backflow is the undesired or unintended reversal of flow of water and/or other liquids, gases, or other substances into a PWS’s distribution system or approved water supply. The presence of a cross-connection represents a location in a distribution system through which backflow of contaminants or pollutants can occur. Backflow occurs when a non-potable source is at a greater pressure than the potable water distribution system. Backflow can occur from either backsiphonage or backpressure. Backsiphonage occurs when a non-potable source enters the drinking water supply due to negative (i.e., sub-atmospheric) distribution system pressure. Backpressure occurs when the pressure from a non-potable source exceeds the pressure in the potable water distribution system. Backsiphonage may be caused by a variety of circumstances, such as main breaks, flushing, pump failure, or emergency firefighting water demand. Backpressure may occur when heating, cooling, waste disposal, or industrial manufacturing systems are connected to potable supplies and the pressure in the external system exceeds the pressure in the distribution system. Both situations act to change the direction of water, which normally flows from the distribution system to the customer, so that non-potable substances from industrial, commercial, or residential premises flows back into the distribution system through a cross-connection. Cross-connections are not limited to industrial or commercial facilities. Submerged inlets are found on many common plumbing fixtures and are sometimes necessary features of the fixtures if they are to function properly. Examples of this type of design are siphon-jet urinals or water closets, flushing rim slop sinks, and dental cuspidors. Older bathtubs and lavatories may have supply inlets below the flood level rims, but modern sanitary design has minimized or eliminated this cross-connection in new fixtures. Chemical and industrial process vats sometimes have submerged inlets where the water pressure is used as an aid in diffusion, dispersion, and agitation of the vat contents. Even though a supply pipe may be installed above a vat, backsiphonage can still occur. Siphon action has been shown to raise a liquid in a pipe such as water almost 34 feet. Some submerged inlets are difficult to control, including those which are not apparent until a __________________________________________ 1 California Department of Health Services (DHS), Public Water Supply Branch. (1988). Guidance Manual for cross City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 connection Control Program (Green Manual). California Department of Health Services. significant change in water level occurs or where a supply may be conveniently extended below the liquid surface by means of a hose or auxiliary piping. A submerged inlet may be created in numerous ways, and its detection may be difficult. Chemical and biological contaminants have caused illness and deaths during known incidents of backflow, with contamination affecting several service connections, and the number of incidents reported is believed to be a small percentage of the total number of backflow incidents that actually occur. The public health risk from cross-connections and backflow is a function of a variety of factors including cross-connection and backflow occurrence and type and amount of contaminants. A.2 Purpose of a Cross-Connection Control Program The purpose of a cross-connection control program is to prevent the occurrence of backflow into a PWS’s distribution system in order to protect customers from contamination or pollution from any on-site hazards. Properly installed and maintained BPAs, devices or methods provide protection against the threat posed by many conditions typically found on a user’s premise. The use of approved BPAs ensures that the appropriate performance evaluation of the assembly was conducted. It is important and required by the State CCCPH to select and properly install an approved BPA that is capable of protecting the distribution system from the hazard identified. The success of a program depends on individuals that are knowledgeable about cross- connection control to identify actual and potential hazards, apply principles of backflow protection and prevention, and implement cross-connection control policies and procedures. A successful program will have ongoing surveillance of a PWS to ensure BPAs, devices or methods are working and identify new hazards or changes in the distribution system. Certified specialists are needed to properly evaluate the degree of hazard that exists in the distribution system. Hazards typically identified in distribution systems along with the required level of protection are specified in Chapter 3 of the State CCCPH. A.3 Notes on Applicability of the Cross-Connection Control Policy Handbook The State CCCPH provides the basis for regulating the use and management of cross- connection control programs and BPAs in PWSs, and related requirements for supporting programs and policies. Activities or uses outside of the scope of the authority of the State Water Board to regulate PWSs are not regulated by the State CCCPH, including California Plumbing Code requirements and definitions not related to PWSs. Recycled water cross-connection control installations and programs for the purposes of protecting the recycled water supply are not regulated by the State CCCPH, although a PWS that uses recycled water is regulated by the State CCCPH to ensure that a PWS’s drinking water system has adequate backflow protection from a recycled water system. Water systems that do not meet the definition of a PWS (e.g., “State Small Water Systems” under CCR Title 22, Article 3) are not regulated by the CCCPH, although they may need to comply with the California Plumbing Code, local health agencies, and other laws or entities. City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 Appendix B Assembly Bill 1671 (AB 1671) was approved and filed with the Secretary of State on October 6, 2017 City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 Appendix C AB 1671 amended California’s SDWA through the establishment of CHSC Section 116407 and 116555.5. AB 1671 also amended section 116810 of the CHSC City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 Appendix D Municipal Code, Admin Code, or Rules and Regulations City of Seal Beach, CA § 9.35.060 § 9.35.090 Downloaded from https://ecode360.com/SE5012 on 2025-04-02 and other plumbing apparatus at its premises in good condition. (Ord. 1515) § 9.35.065. Access to Meters. City water meters shall be left open and uncovered at all times, and city representatives shall have access to the meters at any reasonable hour for the purpose of inspection, testing and repair. (Ord. 1515) § 9.35.070. Wire Grounding. No person shall ground any electric wire upon a water main, water pipe or service connection. (Ord. 1515) § 9.35.075. Sewer Pipe Proximity. No sewer pipe or sewer ditch shall be placed nearer to any water main or service pipe than is allowed by state law and the standards of the director. (Ord. 1515) § 9.35.080. Pipe Movement. Any water pipes or service connections required to be moved in order to comply with this chapter shall be relocated on the order of the director. Any cost associated with the relocation shall be paid by the owner of the property. (Ord. 1515) § 9.35.085. Irrigation and Storm Flood Control Ditches. No person shall construct or maintain an irrigation ditch or storm flood control ditch without the prior written consent of the director. (Ord. 1515) § 9.35.090. Cross-Connection Program. A. No person shall make or maintain a cross-connection with the city water system. B. Backflow prevention devices shall be installed on each property that has any of the following: 1. A substance, other than an auxiliary water supply approved by the director and local health agency as an additional source, that is handled in such fashion as may allow entry into the city water system. 2. Internal cross-connections that cannot be permanently controlled to the satisfaction of the director and the local health agency. 3. Intricate piping arrangements making it impracticable to ascertain the existence of cross- connections. City of Seal Beach, CA § 9.35.090 § 9.35.090 Downloaded from https://ecode360.com/SE5012 on 2025-04-02 4. A high probability of hazardous cross-connections. C. No backflow prevention device shall be removed, relocated or replaced without the prior written approval of the director. The director may condition any approval to ensure that the removal, relocation or replacement is not detrimental to the public health, safety or welfare. D. The director may summarily terminate water service to a property if necessary to eliminate a clear and immediate hazard to the city water system. The director shall afford the water user a hearing on the necessity for such termination if a request is filed within 10 days of the termination. The director may, following reasonable notice and an opportunity for a hearing, terminate water service to a property when there is a non-immediate hazard to the city water system. E. A Cross-Connection Control Management Plan (CCCMP) was being developed with an effective date of July 1, 2025. The City’s CCCMP was developed pursuant to the requirements set forth in the Cross-Connection Control Policy Handbook (CCCPH) which replaced State of California Administrative Code Title 17, Sections §7583 through §7605 and applies to all State of California Public Water Systems, as defined in California’s Health and Safety Cost (CHSC, section 116275(h)). F. (Ord. 1515) City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 Appendix E High Hazard Premises City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 APPENDIX E HIGH HAZARD CROSS-CONNECTION CONTROL PREMISES The list below identifies premises that require backflow protection provided by an air gap or a reduced pressure principle backflow prevention assembly, unless noted otherwise. The list below is not intended to be all-inclusive. A PWS, State Water Board, or local health agency may require an AG, RP, or both to protect a PWS from other hazards not listed below and identified in premises through the hazard assessment completed in CCCPH Chapter 3, section 3.2.1. A PWS may reduce or increase the minimum protection required for a previously hazard-assessed user premise following a hazard reassessment as described in CCCPH Chapter 3, section 3.2.1. 1. Sewage handling facilities 2. Wastewater lift stations and pumping stations 3. Wastewater treatment processes, handling, or pumping equipment that is interconnected to a piping system connected to a PWS (+) 4. Petroleum processing or storage plants 5. Radioactive material storage, processing plants or nuclear reactors 6. Mortuaries 7. Cemeteries 8. Sites with an auxiliary water supply interconnected with PWS (+) 9. Sites with an auxiliary water supply not interconnected with PWS 10. Premises with more than one connection to the PWS (++++) 11. Recycled water (++)(+++) 12. Recycled water interconnected to piping system that contains water received from a PWS (+) 13. Graywater systems, as defined in California Water Code Section 14876, that are interconnected to a piping system that is connected to a PWS 14. Medical facilities 15. Kidney dialysis facilities 16. Dental office with water-connected equipment 17. Veterinarian facilities 18. Chemical plants 19. Laboratories 20. Biotech facilities 21. Electronics manufacture 22. Dry cleaner facilities 23. Industrial or commercial laundry facilities 24. Metal-plating facilities 25. Business park with a single meter serving multiple businesses 26. Marine-port facilities 27. Car wash facilities 28. Mobile home park, RV park, or campgrounds with RV hookups City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 29. Hotels/motels 30. Gas stations 31. Fire stations 32. Solid waste disposal facilities 33. Pet groomers 34. Agricultural premises 35. Hazard assessment access denied or restricted 36. Railroad maintenance facilities 37. Incarceration facilities (e.g., prisons) 38. Temporary connections to fire hydrants for miscellaneous uses, including construction 39. Private water distribution mains 40. Drinking water storage tank overflow connected to a sump or storm drain (+) 41. Airports (+) Premise isolated by air gap only except as allowed through CCCPH Section 3.2.2(c) (++) Dual-plumbed use areas established per CCR Title 22, Section 60313 through 60316 where recycled water is used for individually owned residential unit. (+++) Residences using recycled water for landscape irrigation as part of an approved dual plumbed use area established pursuant to CCR Title 22, sections 60313 through 60316 shall use, at a minimum, a DC. If the water supplier is also the supplier of the recycled water, then the recycled water supplier may obtain approval of the local public water supplier or the State Water Board, to utilize an alternative backflow protection plan that includes an annual inspection of both the recycled water and potable water systems and an annual cross- connection test of the recycled water and potable water systems pursuant to subsection 60316(a) in lieu of any BPA. (++++) All connections must receive at least the same level of protection excluding fire protection when connected to the PWS distribution system (e.g., if one connection requires an RP then all connections must have RPs installed). City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 Appendix F Assessment Database i n f ra M A P ® S o f t w a r e i s a B a c k f l o w a n d C r o s s - C o n n e c t i o n M a i n t e n a n c e M a n a g e m e n t S o f t w a r e d e s i g n e d a r o u n d e a s e o f u s e i n t h e o f f i c e a n d o u t i n t h e f i e l d t o c o m p l e t e t a s k s , ke e p i n c o m p l i a n c e a n d g e n e ra t e r e p o r t s . i n f ra M A P ® r e a l -t i m e d i g i t a l f o r m s a l l o w f o r e l e c t r o n i c t e s t s u b m i t t a l s , e f f i c i e n t c r o s s -c o n n e c t i o n i n s p e c t i o n s , a n d d a t a c o l l e c t i o n , e l i m i n a t i n g m a n u a l p a p e r w o r k a n d t ra n s c r i p t i o n e r r o r s .  Backow and Cross-Connection Management with infraMAP® 30%Increase your Cross-Connection inspections and  completion efciency by 30% with our solution. 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Copyright © 2025 iWater, Inc. All Rights Reserved City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 Appendix G Self-Report Letter (Commercial/Industrial Assessments) On your property do any of the following exist: Dental and/or medical equipment using water Laundry facilities Pumps or motors connected to water or sewer piping Multiple tenant suites Chemicals in quantities greater than 5 gallons or 5 lbs. Graywater system(s) Water storage tanks, ponds, water treatment systems, sewage treatment, sewage storage, and/or wells Petroleum, chemical or radioactive materials processing or storage Type of Business Veterinary Manufacturing Pet grooming Food Processing Medical/Dental Restaurant Office/Warehouse Aerospace Hotel/Motel Retail Other (explain below): Site Contact Contact Name: Business Name: Phone No. Email: Signature Print Name: Title: Date: High Low No Hazard Cross-Connection Control Specialist Reviewer: Cross-Connection Control Program Specialist Certification No. Review Date: Version 1.0, 5/20/2025 FOR CERTIFIED SPECIALIST INPUT ONLY (CUSTOMER DOES NOT FILL OUT) Meter Protection Appropriate for Degree of Hazard Internal Protection and Referral to OC Health YES NO Degree of Hazard YES NO City of Seal Beach - Commerical/Industrial Onsite Use Questionnaire To help prevent backflow incidents please answer the questions below. If yes, what chemicals are present: If yes, please describe: I am uncertain of the hazards on site and request an inspection. I certify that the above information is true and correct to the best of my knowledge. DIRECTIONS:On December 19, 2023, the State Water Resources Control Board adopted the Cross-Connection Policy Handbook which became effective on July 1, 2024. This new legislation requires each public water system to conduct initial and ongoing inspections of potentially high hazard facilities to determine the level of hazard within your facility. The City is asking that each customer of a site complete the survey below and email the completed survey toMichael LaPlante, certified Cross Connection Specialist at SBbackflows@sealbeachca.gov City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 Appendix H Backflow Prevention Assembly Diagrams SEAL BEACH STANDARD PLANS FOR WATER FACILITIESW-15FIRE DOUBLE CHECK DETECTOR BACKFLOW PREVENTION ASSEMBLY (DCDA) SEAL BEACH STANDARD PLANS FOR WATER FACILITIESW-16REDUCED PRESSURE BACKFLOW ASSEMBLY (RP) SEAL BEACH STANDARD PLANS FOR WATER FACILITIESW-16REDUCED PRESSURE BACKFLOW ASSEMBLY (RP) City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 Appendix I City Records Retention Policy Ver. 19.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS Page PW-11 Office of Record Classification OR Records Description Retention / Disposition Comments / Reference (OFR) File Number Active (in office) Inactive (Off-site, OD or Mfr) Total Retention Vital?Media Options Image: I=Import M=Mfr S=Scan Destroy Paper after Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement). Public Works / Maint. Services PW-46 Pier Maintenance Logs (Special and Monthly)5 years 5 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD Department Preference; GC §34090 et seq. Public Works / Maint. Services PW-47 Pressure Vessel Certifications or Permits (Air Compressors, Propane, etc.) Expiration of Certificate or Permit Expiration of Certificate or Permit Mag, Mfr, OD, Ppr S / I Yes: After QC & OD Department preference; GC §34090 et. seq. Public Works / Maint. Services PW-81 Pre-trip Inspections Daily Vehicle Inspections 2 years 2 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD 13 CCR 1234(e); VC 34505.5(c); 49 CFR 396.11; GC §34090 Public Works / Maint. Services PW-48 Safety Certifications (Elevators, Chairlifts, Fire systems, etc.) When Superseded - Minimum 2 years When Superseded - Minimum 2 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD Certificates provided by the State, who may not perform inspections every year; GC §34090 WATER & WASTEWATER (SEWER) Public Works / Water & Wastewater PW-49 Backflow Certifications - City Facilities 2 years 2 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD 17 CCR 7605(f); GC §34090 CITY OF SEAL BEACH, CA. ©2005 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Approved: 4/16/2025 Ver. 19.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS Page PW-12 Office of Record Classification OR Records Description Retention / Disposition Comments / Reference (OFR) File Number Active (in office) Inactive (Off-site, OD or Mfr) Total Retention Vital?Media Options Image: I=Import M=Mfr S=Scan Destroy Paper after Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement). Public Works / Water & Wastewater PW-50 Backflow: Cross-Connection Backflow Device Inspections and Maintenance 10 years 10 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD Department Preference; exceeds SWRCB Cross- Connection Control Policy Handbook Section 3.5.1 requires records be retained for the previous three calendar years; GC §34090 Public Works / Water & Wastewater PW-51 Chains of Custody (Water testing instructions) 12 years, or Two Compliance Cycles, Whichever is Longer 12 years, or Two Compliance Cycles, Whichever is Longer Mag, Mfr, OD, Ppr S / I Yes: After QC & OD Department preference to match retention for lead and copper; 22 CCR 64400.25; 22 CCR §64470, 40 CFR 141.33(a); 40 CFR 141.91 Public Works / Water & Wastewater PW-52 Charts and Daily Records 5 years 5 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD Department preference; NPDES records are required for 3 years; 40 CFR 122.41(j)(2); 40 CFR 141.33(b); 22 CCR 64470 Public Works / Water & Wastewater PW-53 Confined Space Entries & Logs (Permitted entries into confined spaces such as sewers and storm drains in order to comply with regulations) 2 3 years 2 3 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD 8 CCR 5157(d)(14) & (e)(6); 29 CFR 1910.146(e)(6); GC §34090 CITY OF SEAL BEACH, CA. ©2005 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Approved: 4/16/2025 City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 Appendix J Cross-Connection Incident Response Form Phone number:  Time:  Meter Protection Cooling Tower Laboratory Chemical Pumps/ Multi-Tenant Motors Pass Designated Industrial Line Yes If Yes No Name: Date: Time of Notice: City  Last Test Date: 4. Name of ownership/business:  1. Caller Name:  2. Call Date:  Street Number  Street Name  5. Estimated start date & time:   3. Location address:  7. Name of City Representative:  Notes: Dual Plumbed Bldg. Kitchen/Cafeteria Recycled Water Onsite Cross-Connection Incident Report Form CALL DETAILS  Fail 9. Number of persons in the building:  8. Site conditions: (Check all that apply)  ON SITE DETAILS  6. Description of issue:  ISSUE DESCRIBED BY CALLER  10. OCHCA Notified?:  (714) 955-3963 or WQOnCall@ochca.com  City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 Appendix K Water Operations Division Emergency Response Plan (Main Doc and Appendix C Only) Water Operations Division Emergency Response Plan December 2021 Prepared for City of Seal Beach Public Works Department, Water Operations Division Water System Name: City of Seal Beach Population Served: 25,561 Primary Water Source Type: Surface Water Water System ID: CA3010041 Updated in compliance with the requirements of America’s Water Infrastructure Act of 2018. City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Letter of Transmittal Last Updated: December 2021 ii Document Security Directive The City of Seal Beach (City) Water Operations Division Emergency Response Plan (ERP) contains sensitive information that may be exempt from public disclosure under the provisions of Section 6254 of the California Public Records Act. This sensitive information includes details of the Water Operations Division’s deployment, mobilization, and tactical operations in response to emergencies, personal privacy information, and information involving City, State, or national security. Unless authorized, the ERP shall not be distributed to partners outside of the Public Works Department without first seeking approval of the Public Works Director and redacting any sensitive information not approved for use by the intended recipient. City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Quick Guide Last Updated: December 2021 iii Quick Guide This Quick Guide provides an orientation to the Emergency Response Plan (ERP), its associated procedures, and tools that may be used to support response to an emergency impacting the City of Seal Beach’s (City’s) water system. Every incident is unique, and these actions may be adapted based on the situation. If you do not feel qualified to implement this plan, contact your supervisor or the Water Operations Division chain of command. If the situation poses an immediate threat to life or property, call 9-1-1. Plan Organization The City of Seal Beach Water Operations Division ERP is comprised of the following elements: Basic Plan: · Section 1 – Introduction presents the ERP's mission, purpose and scope, supporting authorities, plan organization, relationship to other plans, and assumptions. · Section 2 – System Risk and Resilience provides an overview of the City’s water system that is the subject of this ERP. It also summarizes the hazards and threats that pose the highest risk to the system based on the division’s recently updated Risk and Resilience Assessment (RRA). · Section 3 – Concept of Operations establishes the approach that the Water Operations Division will take in its response to an emergency. · Section 4– Command and Coordination provides an overview of how the Water Operations Division integrates with the City Emergency Operations Center (EOC) and uses the Incident Command System (ICS) to manage response operations. · Section 5 –Emergency Management Organization (EMO) establishes the hierarchy and roles that the Water Operations Division will use to implement the ERP. · Section 6 – Core Response Procedures provides essential procedures that will guide incident response. · Section 7 –Roles and Responsibilities provides specific responsibilities for internal and external partners. · Section 8 – Plan Implementation establishes procedures for the regular update and exercise of this plan and related training to ensure this ERP remains a living document. City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Quick Guide Last Updated: December 2021 iv This ERP’s Incident Annexes define functions and associated activities related to specific hazards or impacts to the water system. Table 0-1. Incident Annexes Number Annex Title Threat/Hazard/Scenario Addressed 1 Cyber Incident A cyber intrusion or attack that results in a failure of information systems that support operation of the water system. 2 Earthquake An earthquake event that damages the water system or disrupts continuity of service. Appendices are also included to supplement material found in the Basic Plan and IAs. These include information that may be changed frequently or needs to be easily accessed (e.g., contact lists, forms) and are easily updated without needing to update primary plan documents. Table 0-2. Appendices Letter Title Content A References Authorities, standards, and guidelines that support development and implementation of the ERP. B Forms and Checklists Standardized forms and checklists to support Water Operations Division personnel in executing and documenting assigned tasks. C Water Quality Emergency Resources Information to support Water Operations Division personnel during a water quality emergency including materials to support required notices to the public. D Training and Exercises Training standards for Water Operations Division personnel. E Hazard Mitigation Materials to support the identification and documentation of actions that may be implemented to reduce risk and enhance resilience of the water system. City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Plan Control and Distribution Last Updated: December 2021 v Plan Control and Distribution This ERP is an internal Seal Beach Public Works Department document. Further distribution of the plan outside of the Public Works Department will be limited to those plan recipients required by law. Changes in department procedures affecting any information contained in this plan should be directed to the attention of the Water Operations Division. A hard copy of the plan will be maintained at the Corporate Yard. This ERP will be available to Public Works Department staff. Table 0-3. Plan Control Record Revision Date Affected Page or Section Revision Description December 2021 All Comprehensive update to support America’s Water Infrastructure Act (AWIA) compliance Acknowledgements The 2021 update of this ERP was conducted as part of a planning initiative facilitated by the Municipal Water District of Orange County (MWDOC). This ERP was developed with contract support provided by Herndon Solutions Group (HSG). City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan AWIA Compliance Last Updated: December 2021 vi America’s Water Infrastructure Act Compliance This Emergency Response Plan (ERP) is developed to comply with the requirements of America’s Water Infrastructure Act (AWIA), Section 2013 (requiring all community water systems serving more than 3,300 persons to develop and regularly update water system Risk and Resilience Assessments [RRAs] and ERPs) and the California Government Code Section 8607.2 (requiring regular review and revision of disaster preparedness plans for public water systems with 10,000 or more service connections). In 2021, an all-hazards, probability-based RRA was conducted for the City of Seal Beach (City) Water Operations Division to comply with the requirements of AWIA. The RRA was developed using the American National Standards Institute (ANSI)/American Water Works Association (AWWA) J100 Standard supported by the Program to Assist Risk & Resilience Examination (PARRE®) software tool. The results of this RRA were used to review and update this ERP in a manner that conforms with AWIA requirements and is consistent with U.S. Environmental Protection Agency (EPA) guidance for ERP development. AWIA has provided the agency with a unique opportunity to expand the understanding of its risk profile and enhance the update of this ERP to address identified threats and hazards. Table 0-4 summarizes how this ERP meets the requirements outlined in AWIA. The City of Seal Beach Public Works Department’s Water Operations Division certified completion of the ERP update with the EPA on December 30, 2021. The ERP is next required to be recertified by June 30, 2026. Table 0-4. AWIA Compliance Summary AWIA Requirement: Strategies and resources to improve the resilience of the system, including the physical security and cybersecurity of the system. How Met References As an operational plan, this ERP is designed to guide response and recovery activities in the context of existing agency capabilities. However, the ERP is designed to align with strategic plans to mitigate the impacts of identified hazards and threats and improve system resilience. These plans include: · 2021 City of Seal Beach System RRA · 2017 City of Seal Beach Local Hazard Mitigation Plan · 2019 Orange County Water and Wastewater Hazard Mitigation Plan For additional detail see: · 8.4 Hazard Mitigation · Appendix E: Hazard Mitigation City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan AWIA Compliance Last Updated: December 2021 vii This ERP includes procedures to support identification and documentation of new strategies through development of post-incident/exercise after-action reports and an appendix intended to capture and track strategies for inclusion in updated mitigation strategies. AWIA Requirement: Plans and procedures that can be implemented, and identification of equipment that can be used in the event of a malevolent act or natural hazard that threatens the ability of the community water system to deliver safe drinking water. How Met References The ERP Basic Plan serves as an overarching framework to guide Water Operations Division response and recovery actions. The ERP is designed to be an all-hazards plan that supports coordination and communication no matter the hazard or threat. The Basic Plan is supported by a series of Incident Annexes that provide additional guidance specific to the unique hazards and threats of concern to the City of Seal Beach including development of a new Cyber Incident Annex. The ERP includes procedures to use existing agency resources as well as processes to request support through the City Emergency Operations Center (EOC), Water Emergency Response Organization of Orange County (WEROC), and mutual aid partners via California Water/Wastewater Agency Response Network (CalWARN). For additional detail see: · 6.6 Resource Management AWIA Requirement: Actions, procedures, and equipment that can obviate or significantly lessen the impact of a malevolent act or natural hazard on the public health and the safety and supply of drinking water provided to communities and individuals, including the development of alternative source water options, relocation of water intakes, and construction of flood protection barriers. How Met References While focused on response and recovery, the ERP does address protection and prevention measures that are designed to minimize the impact of hazards and threats including: · Implementation of structural and non-structural countermeasures to protect critical water system assets. · Strategies to meeting public health and safety water supply needs through increases in groundwater production or distribution of potable water resources in coordination with the City EOC. For additional detail see: · Section 2.2 Key Water System Elements · Section 2.4 Countermeasures and System Resilience · Section 7 Roles and Responsibilities City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan AWIA Compliance Last Updated: December 2021 viii · Participation in the Emergency Management Organization (EMO). · Participation in the WEROC. · Incident Annexes Strategies that can be used to aid in the detection of malevolent acts or natural hazards that threaten the security or resilience of the system. How Met References The Water Operations Division may become aware of an imminent or actual hazard or threat through a range of mechanisms including ongoing system monitoring through Supervisory Control and Data Acquisition (SCADA), water quality monitoring, employee observation, notification from external partners (e.g., law enforcement, public health), or from customers or the public. For additional detail see: · 6.1 Monitoring, Detection, and Assessment · 5.5 Information Management · Incident Annexes City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Table of Contents Last Updated: December 2021 ix Contents 1 Introduction ................................................................................................................... 1 1.1 Mission .......................................................................................................................... 1 1.2 Purpose and Scope........................................................................................................ 1 1.3 Authority ....................................................................................................................... 2 1.3.1 City Charter ...................................................................................................... 2 1.3.2 California Safe Drinking Water Act ................................................................. 2 1.3.3 Management of Emergencies ......................................................................... 3 1.3.4 Disaster Service Workers ................................................................................. 3 1.3.5 Water Conservation and Management ........................................................... 3 1.3.6 Water Quality .................................................................................................. 4 1.4 Relationship to Other Plans .......................................................................................... 4 1.4.1 Water Operations Division Risk and Resilience Assessment ........................... 4 1.4.2 Water Operations Division Urban Water Management Plan ......................... 4 1.4.3 Water Operations Division Water Shortage Contingency Plan ....................... 5 1.4.4 City of Seal Beach Emergency Operations Plan ............................................... 5 1.5 Plan Assumptions .......................................................................................................... 5 2 System Risk and Resilience ............................................................................................. 7 2.1 Population and Service Area ......................................................................................... 7 2.2 Key Water System Elements ......................................................................................... 7 2.3 Hazards and Threats ..................................................................................................... 7 2.4 Countermeasures and System Resilience ..................................................................... 8 3 Concept of Operations .................................................................................................. 10 3.1 Emergency Response Priorities .................................................................................. 10 3.2 General Considerations............................................................................................... 10 3.2.1 Continuity of Operations ............................................................................... 11 3.2.2 Health and Safety .......................................................................................... 11 3.2.3 Access and Functional Needs ........................................................................ 11 3.2.4 Reporting and Documenting Time ................................................................ 11 3.3 Standardized Emergency Management System ......................................................... 12 3.3.1 Standardized Emergency Management System Levels ................................. 12 3.3.2 Standardized Emergency Management System Features ............................. 13 4 Command and Coordination ......................................................................................... 14 4.1 City Emergency Operations Center ............................................................................. 14 City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Table of Contents Last Updated: December 2021 x 4.2 Incident Command System ......................................................................................... 16 4.2.1 Command/Management ............................................................................... 16 4.2.2 Operations ..................................................................................................... 17 4.2.3 Planning ......................................................................................................... 17 4.2.4 Logistics ......................................................................................................... 17 4.3 Incident Action Planning ............................................................................................. 18 5 Emergency Response Organization ............................................................................... 20 5.1 Emergency Response Organization ............................................................................ 20 5.2 Chain of Command ..................................................................................................... 21 5.4 Operational Coordination ........................................................................................... 21 6 Core Response Procedures ........................................................................................... 23 6.1 Monitoring, Detection, and Assessment .................................................................... 23 6.1.1 Initial Assessment .......................................................................................... 24 6.2 Activation and Mobilization ........................................................................................ 25 6.2.1 Emergency Activation Levels ......................................................................... 25 6.2.2 Mobilization of Personnel .............................................................................. 26 6.3 Operational Communications ..................................................................................... 26 6.4 Alert and Warning ....................................................................................................... 27 6.4.1 Alerts and Notifications ................................................................................. 27 6.4.2 Hazardous Materials Spill Reporting ............................................................. 27 6.4.3 Warning ......................................................................................................... 28 6.4.4 AlertOC .......................................................................................................... 28 6.5 Information Management .......................................................................................... 28 6.5.1 Public Information ......................................................................................... 28 6.5.2 Public Information Officer ............................................................................. 29 6.6 Resource Management ............................................................................................... 29 6.6.1 Emergency Power .......................................................................................... 30 6.6.2 Emergency Purchasing .................................................................................. 30 6.6.3 Mutual Aid ..................................................................................................... 30 6.6.4 Resource Typing ............................................................................................. 34 6.7 Water Quality .............................................................................................................. 34 6.7.1 Water Quality Monitoring ............................................................................. 34 6.7.2 Laboratory Services ....................................................................................... 34 6.7.3 Water Quality Emergency Notification Plan ................................................. 35 City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Table of Contents Last Updated: December 2021 xi 6.8 Transition to Recovery ................................................................................................ 35 7 Roles and Responsibilities............................................................................................. 36 7.1 Internal Roles and Responsibilities ............................................................................. 36 7.1.1 Water Operations Division ............................................................................ 36 7.1.2 Other City Divisions and Departments .......................................................... 38 7.2 External Roles and Responsibilities ............................................................................ 38 7.2.1 Water Emergency Response Organization of Orange County ...................... 38 7.2.2 Information Technology Contractor .............................................................. 38 8 Plan Implementation .................................................................................................... 40 8.1 Plan Maintenance ....................................................................................................... 40 8.2 Revisions ..................................................................................................................... 40 8.3 Training and Exercises ................................................................................................. 40 8.4 Hazard Mitigation ....................................................................................................... 40 8.5 Local Emergency Response Coordination ................................................................... 41 Appendices ......................................................................................................................... 42 Appendix A: References ........................................................................................................ 42 Appendix B: Forms and Checklists ......................................................................................... 42 Appendix C: Water Quality Emergency Resources ............................................................... 42 Appendix D: Training and Exercises ...................................................................................... 42 Appendix E: Hazard Mitigation .............................................................................................. 42 Incident Annexes ................................................................................................................. 42 IA 1: Cyber Incident ............................................................................................................... 42 IA 2: Earthquake .................................................................................................................... 42 City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Acronyms Last Updated: December 2021 xii Acronyms Acronym Definition AWIA America’s Water Infrastructure Act AWWA American Water Works Association CalWARN California Water/Wastewater Agency Response Network CCCS Countywide Coordinated Communications System CERCLA Comprehensive Environmental Response, Compensation, and Liability Act CESA California Emergency Services Act CLETS California Law Enforcement Telecommunication System CUPA Certified Unified Program Agency DND Do Not Drink DNU Do Not Use DSW Disaster Service Worker EHS Extremely Hazardous Substance EMO Emergency Management Organization EOC Emergency Operations Center EOP Emergency Operations Plan EPA Environmental Protection Agency EPCRA Emergency Planning and Community Right-to-Know Act ERO Emergency Response Organization FEMA Federal Emergency Management Agency GIS Geographic Information System HMBP Hazardous Materials Business Plan HSG Herndon Solutions Group IA Incident Annex IAP Incident Action Plan ICS Incident Command System IT Information Technology MARAC Mutual Aid Regional Advisory Committee MCL Maximum Contaminant Level City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Acronyms Last Updated: December 2021 xiii Acronym Definition MG Million Gallons MWD Metropolitan Water District of Southern California MWDOC Municipal Water District of Orange County NIMS National Incident Management System NWS National Weather Service OC Orange County OCFA Orange County Fire Authority OCWD Orange County Water District OES Office of Emergency Services PIO Public Information Officer REOC Regional Emergency Operations Center RRA Risk and Resilience Assessment SCADA Supervisory Control and Data Acquisition SEMS Standardized Emergency Management System SOP Standard Operating Procedure SWRCB State Water Resources Control Board UWMP Urban Water Management Plan VOIP Voice Over Internet Protocol WARN Wastewater Agency Response Network WEROC Water Emergency Response Organization of Orange County WQENP Water Quality Emergency Notification Plan City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Introduction Last Updated: December 2021 1 1 Introduction Section 1 – Introduction presents the Emergency Response Plan’s (ERP’s) mission, purpose and scope, supporting authorities, plan organization, relationship to other plans, and assumptions. 1.1 Mission The availability of clean and safe drinking water is a critical lifeline for our community. As a regulated water system in the State of California, the City of Seal Beach (City) Public Works Department Water Operations Division has both a mandate and a responsibility to ensure the utility can effectively manage emergencies that could impact or disrupt the Water Operations Division’s ability to achieve its mission to: “Provide safe and reliable water to the community.” Recognizing that the hazards and threats the City faces, whether they be natural hazards such as earthquakes or floods or manmade hazards such as sabotage or cyberattack, have the potential to damage the water system and disrupt water supply, a robust and well-practiced ERP is critical to the fulfillment of this mission. 1.2 Purpose and Scope This ERP establishes an all-hazards framework for emergency operations that will be implemented when the Water Operations Division response to an emergency requires enhanced coordination and communication or when the resource requirements of the emergency exceed current capabilities to effectively respond. The ERP is not intended for situations where the resource and staff requirements of the emergency can be effectively managed using available resources and the Water Operations Division’s day-to-day standard operating procedures (SOPs). Though primarily focused on response, the ERP is designed to provide a single, comprehensive plan for the Water Operations Division that addresses all the phases of emergency management including: · Preparedness. Procedures for regular review and maintenance of the ERP and supported training and exercise guidelines to facilitate awareness and competency of Water Operations Division personnel tasked with responsibilities in the plan. · Response. Procedures that support efficient and coordinated efforts to take immediate action to save lives and prevent further damage to the City’s water system during an emergency. · Recovery. Procedures that facilitate a return to routine operations and support City efforts to seek financial assistance to help pay for repairs to the water system. City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Introduction Last Updated: December 2021 2 · Mitigation. Procedures for the identification and implementation of activities designed to reduce risk to the water system from hazards and threats. The ERP is primarily intended for use by Water Operations Division staff to guide how the utility will organize, communicate, and coordinate during an emergency. The operational concepts presented focus on potential large-scale disasters that may require additional resources and assistance. Upon adoption, the ERP is considered in effect, and it will be implemented by Water Operations Division personnel and partners assigned with roles and responsibilities in the plan. A Proclamation of Local Emergency does not need to be issued to authorize activation of any element of the Water Operations Division Emergency Management Organization (EMO), except for emergency powers granted to the City under a Local Proclamation of Emergency. 1.3 Authority 1.3.1 City Charter The authority for this plan is rooted in the commitment made in the City’s municipal and general lawmaking powers as well as the purpose of the City Charter to “maintain a city government responsive to the citizens of the City of Seal Beach.” 1.3.2 California Safe Drinking Water Act The City of Seal Beach water system is defined as a public water system (PWS ID # CA3010041) under the definition established by Section 116275 of the California Safe Drinking Water Act, and with that designation comes a mandate for the Water Operations Division to provide affordable, safe drinking water to its customers, 24 hours a day, 7 days a week, 365 days a year. As a public water system owner, the City has specific responsibilities under California law that it must fulfill to meet this mandate including: · Water quality must meet all health standards. · An adequate quantity of water must always be available. · Water must always be delivered under proper pressure (at least 20 pounds per square inch). · The system must be properly operated, maintained, and protected from damage and contamination. The California State Water Resources Control Board (SWRCB) Division of Drinking Water (DDW) regulates public water systems including promotion of water system security. City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Introduction Last Updated: December 2021 3 1.3.3 Management of Emergencies The California Emergency Services Act (CESA) provides statewide authorities and responsibilities and describes the functions and operations of government at all levels during extraordinary emergencies, including war. CESA serves as the mandate for the California Emergency Plan (State Emergency Plan), which provides a framework for the State’s emergency management program and, under Section 8568, authorizes all political subdivisions of the State to: · Develop local emergency management authorities that follow the concepts presented in the State Emergency Plan, including use of the Standardized Emergency Management System (SEMS). · Develop local emergency management plans that serve as extensions of the State Emergency Management Plan. The guiding document for the City’s emergency management program is the City of Seal Beach Emergency Operations Plan (EOP). · Carry out the activities necessary for effective management of emergencies. This ERP is incorporated by reference into the City EOP. This ERP is, therefore, considered to be an extension of the State Emergency Plan. It has been prepared to be consistent with the SEMS and Federal Emergency Management Agency’s (FEMA’s) guidelines for multi-hazard planning, as appropriate to Water Operations Division emergency response operations. 1.3.4 Disaster Service Workers As public employees, Water Operations Division personnel are, by law, Disaster Service Workers (DSW). If the City declares an emergency during normal working hours, staff will be expected to remain at work to respond to the emergency needs of the utility. If the City declares an emergency outside of normal work hours, employees may be called back to work. 1.3.5 Water Conservation and Management The protection, conservation, and management of local and imported water supplies are one of the main functions of the City as a domestic water purveyor, and, to conserve water supplies, California Water Code Section 375 et seq. permits public entities that supply water at retail to (1) adopt water conservation programs and (2) enforce such programs. The City has the power to perform all acts necessary to fully carry out the provision of California Water Code Section 375, which entails establishing rules and regulations for the distribution and use of water and undertaking a water conservation program to promote efficient water use and reducing water waste. To minimize or avoid any future water shortage, the Chapter 9.35 of the City’s municipal code establishes a comprehensive water conservation program pursuant to California Water Code Section 375 and the City's police power. City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Introduction Last Updated: December 2021 4 1.3.6 Water Quality Federal and State Notification Requirements pursuant to Section 1414(c) of the Safe Drinking Water Act (42 U.S.C. 300g-3[c]) state that public water system owners or operators must notify their customers of any failure to comply with a maximum contaminant level (MCL) established in a national primary drinking water regulation, failure to meet a variance or exemption schedule, failure to comply with monitoring requirements or a testing procedure prescribed, and operation pursuant to a variance or an exemption. Current regulations governing the manner and form of the public notification are found at 40 Code of Federal Regulations (CFR) 141.32. 1.4 Relationship to Other Plans This ERP was written to work in concert with many other plans and procedures with primary supporting plans noted below. Additionally, relevant SOPs are referenced throughout the ERP. A reference list of plans and procedures supporting this ERP is provided in Appendix A: References. 1.4.1 Water Operations Division Risk and Resilience Assessment The 2021 Seal Beach Water System Risk and Resilience Assessment (RRA) provides a comprehensive look at the critical assets that comprise the City’s drinking water system and the threats and hazards to which they are exposed. The RRA complies with America’s Water Infrastructure Act of 2018 (AWIA) but more importantly, serves as a tool for the Water Operations Division to understand and manage risk and to inform future investments to build a more resilient system. The Water Operations Division is required to recertify the RRA for its water system every 5 years, triggering the requirement to update this ERP no later than 6 months after the date of certification. 1.4.2 Water Operations Division Urban Water Management Plan The California Urban Water Management Planning Act mandates that every supplier providing water for municipal purposes to more than 3,000 customers or supplying more than 3,000-acre feet of water annually prepare an Urban Water Management Plan (UWMP) and update the plan every 5 years. The City’s UWMP supports long-term resource planning to ensure that adequate water supplies are available to meet existing and future water needs and includes: · An assessment of the reliability of water sources over a 20-year planning time frame. · A description of demand management measures and water shortage contingency plans. · Report progress toward meeting a targeted 20 percent reduction in per-capita (per- person) urban water consumption. · A discussion of the use and planned use of recycled water. City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Introduction Last Updated: December 2021 5 1.4.3 Water Operations Division Water Shortage Contingency Plan The City has adopted a Water Shortage Contingency Plan to establish standards and procedures to enable implementation and enforcement of local water shortage contingency measures. These measures align with the State of California, Water Code Section 353, which specifies the following. [W]hen the governing body has so determined and declared the existence of an emergency condition of water shortage within its service area, it shall thereupon adopt such regulations and restrictions on the delivery of water and the consumption within said area of water supplied for public use as will in the sound discretion of such governing body conserve the water supply for the greatest public benefit with particular regard to domestic use, sanitation, and fire protection. The Water Shortage Contingency Plan also includes: · Levels of declared water supply shortage and related water shortage contingency measures. · Procedures for determination, declaration, and notification of a water supply shortage. 1.4.4 City of Seal Beach Emergency Operations Plan The City EOP provides an overview of City’s emergency/disaster management organization and describes roles and responsibilities and policies and protocols for providing emergency support. Relevant for implementation of this ERP, the EOP: · Provides guidance on local assistance and resources to enable restoration of water systems. · Helps to guide requests for emergency response assistance and coordinate private and public sector response efforts. · Describes the Public Work Department’s role as part of the Operations Section in the EOC. · Identifies the order of succession for the Public Works Director. This ERP references but does not replace the City of Seal Beach EOP. 1.5 Plan Assumptions General assumptions include: · Emergencies will differ in priority and impact. · Outside assistance may be interrupted or unavailable during an emergency. City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Introduction Last Updated: December 2021 6 · The City of Seal Beach and all City departments must be prepared to operate without help for at least 72 hours. It is possible for a major disaster to occur unexpectedly with sudden onset. In some cases, dissemination of warning to the public and implementation of increased readiness measures might be possible. However, some emergency situations occur with little or no warning. Our staff has the responsibility to prepare themselves and their families to cope with emergency situations and manage their affairs in ways that will aid the Water Operations Division in managing emergencies. City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan System Risk and Resilience Last Updated: December 2021 7 2 System Risk and Resilience Section 2 – System Risk and Resilience provides an overview of the City’s water system that is the subject of this ERP. It also summarizes the hazards and threats that pose the highest risk to the system based on the system’s recently updated RRA. 2.1 Population and Service Area The City of Seal Beach Water Operations Division is located in north Orange County and is responsible for providing water services to an area of 13.1 square miles serving approximately 24,200 people. The Water Operations Division maintains 73 miles of pipelines and serves a variety of businesses in the commercial, industrial, manufacturing, and retail sectors. 2.2 Key Water System Elements The Water Operations Division operates a complex system comprised of a range of assets including: · Source Water. The City’s water comes from a combination of imported water and local groundwater. The primary source, which makes approximately 75 percent of the supply, comes from the City’s groundwater wells and the second source is imported water from the Metropolitan Water District of Southern California (MWD). · Wells. The City of Seal Beach’s water system consists of three groundwater wells from the Orange County Groundwater Basin. · Distribution System. The City of Seal Beach’s water system includes a single zone. The distribution system pressures are managed to ensure that water pressure is within acceptable ranges for both domestic use and fire flow demands. Peak demands can be met with combinations of increased pressure rates and water from storage tanks. · Reservoir. The water system uses two reservoirs with a total volume of 7 million gallons (MG) that serve as the system’s mechanism for storage of water to ensure the system has enough water to meet changes in demand and equalize operating pressure. · Pump (Booster) Stations. The water system has two booster pump stations to provide pressure throughout the pressure zone that regulate the flow of water. · Information Systems. Tools such as the utility’s Supervisory Control and Data Acquisition (SCADA) system are used to manage the water system through remote control of field connected devices. 2.3 Hazards and Threats As indicated in the City EOP, a hazard analysis has indicated that the City may be at risk to numerous hazards associated with natural, technological, or national security emergencies. City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan System Risk and Resilience Last Updated: December 2021 8 Additionally, the Water Operations Division performed a detailed RRA in 2021 that analyzed their critical infrastructure to identify potential hazards affecting water services. Based on the RRA, the following hazards were identified as significant hazards or threats of concern and have Incident Annexes to further increase resiliency of the system: · Cyber incidents are intentional acts that compromise or disrupt the critical information systems used by the Water Operations Division to aid in system operation and information management. See IA 1: Cyber Incidents. · Earthquakes are natural occurrences that can damage or disrupt Water Operations Division assets or operations. See IA 2: Earthquakes. 2.4 Countermeasures and System Resilience The Water Operations Division has taken numerous steps to mitigate potential hazards and threats, including implementing structural and non-structural countermeasures including high technology security systems and access controls, conducting regular building inspections to ensure structural integrity, maintaining an internal EMO, developing emergency response plans and communication strategies, ensuring Water Operations Division staff are properly trained, and following State and sector-wide industry best practices. As new mitigation technologies, plans, and lessons learned become available, the Water Operations Division will incorporate updates into this ERP to ensure that mitigation efforts remain at the forefront of the City’s comprehensive approach to emergency management. See Appendix E: Hazard Mitigation for additional information on strategies to enhance system resilience. City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan System Risk and Resilience Last Updated: December 2021 9 Figure 2-1. City of Seal Beach Water System Service Area City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Concept of Operations Last Updated: December 2021 10 3 Concept of Operations Section 3 – Concept of Operations establishes the approach that the Water Operations Division will take in its response to an emergency. 3.1 Emergency Response Priorities The following priorities are established for water supply based on expected service levels for meeting public health and safety requirements, maintaining system flows, and meeting water quality requirements. Table 3-1. Water System Priorities Level Priority 1 Assess and repair any damages to Bolsa Chica Well, Beverly Manor Well, and Lampson Well water supply wells. 2 Maintain reservoir supply to sustain service. 3 Preserve supply of personal protective equipment (PPE) to keep staff healthy. The overall objective in the event of an emergency is to maintain water system pressure, isolate any damages to the water distribution system, save water for fire protection and drinking, and prevent sewage from overflow. 3.2 General Considerations This ERP is designed to be applicable to all hazards that may impact the City’s water system and to be scalable based on the unique requirements of an emergency and the professional judgment of Water Operations Division personnel. In general, this ERP will be implemented with the following considerations in mind: · In most cases, Water Operations Division response operations will parallel day-to-day utility processes and procedures. This ERP will be implemented when the requirements of an incident require enhanced coordination and communication or when incident requirements exceed current capabilities to effectively respond. · This ERP is designed to work in concert with the City of Seal Beach EOP, which serves as the guiding document for overarching City response to an emergency. · Implementation of this ERP will be conducted in a manner consistent with the SEMS. See Section 3.3. · Additional guidance on hazard-specific operations is provided in the Incident Annexes to this ERP. City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Concept of Operations Last Updated: December 2021 11 3.2.1 Continuity of Operations Because personnel and equipment resources are limited, Seal Beach must be prepared to operate without help for at least 72 hours. City personnel may shelter at the Corporate Yard to sustain operations. If needed, the Seal Beach water system can operate on 100% Metropolitan water through its one interconnect. 3.2.2 Health and Safety The number one priority in any emergency response is to safely respond to assess, isolate, and correct the problem. Because of this, all response personnel at every level must ensure health, safety, and environmental compliance are incorporated into all response planning. All response team members must be current in their training, qualifications, and licenses for their assigned roles and responsibilities. If an employee cannot eliminate or manage risk during performance of their tasks during this response, they should not continue and must inform the Water Supervisor. During an emergency, the Incident Commander will closely communicate and convey the extent and impacts resulting from response activities, assess the risks based on this information, and ensure safety is incorporated into all response planning and implementation. City of Seal Beach employees, partners, and contractors should ensure that all safety-related Incident Action Plan (IAP) forms and reports are completed. The table below lists the safety equipment available to help protect Water Operations Division personnel during an incident. Table 3-2. Safety Equipment Type Location Fire Extinguishers Corporate Yard First Aid Kits City Trucks Corporate Yard PPE Corporate Yard 3.2.3 Access and Functional Needs The City complies with Title II of the Americans with Disabilities Act of 1990 (ADA), which states that emergency programs, services, activities, and facilities must be accessible to people with disabilities. The Water Operations Division shall have the necessary emergency notices and public procedures translated and shall be aware of which employees speak other languages. City Human Resources maintains a list of bilingual employees who may assist with translating when needed. 3.2.4 Reporting and Documenting Time During an emergency, employees will be responsible for submitting their own written timecards. Finance may set up a time code and payroll code specifically for the incident. City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Concept of Operations Last Updated: December 2021 12 Additionally, Water Operations Division personnel may be tasked to fill out an ICS 204 form to aid in tracking emergency work performed for potential reimbursement. 3.3 Standardized Emergency Management System The City has adopted SEMS and the Water Operations Division will use SEMS to support management of all emergencies. Use of SEMS provides a clear and consistent organizational structure, facilitates priority setting, fosters interagency cooperation, and supports the efficient flow of resources and information. SEMS is designed to be flexible and adaptable to the range of hazards and threats that may impact the City’s water system. See Section 4.4.2 of the City EOP. 3.3.1 Standardized Emergency Management System Levels Table 3-3 presents how the Water Operations Division interacts with the five organizational levels of SEMS. Table 3-3. SEMS Organizational Levels Organizational Level Description Field Response Level Water Operations Division crews, under the direction of the Incident Commander, Water Supervisor, or EOC Manager (if activated), will carry out tactical decisions and activities in direct response to an incident or threat. Crews will use the Incident Command System (ICS) to manage field operations. Local Government Level City of Seal Beach Coordination at the local government level will be managed through the City of Seal Beach Emergency Operations Center (EOC), which is responsible for escalating requests for support to the Operational Area (OA). The Water Operations Division should also report its status to the Water Emergency Response Organization of Orange County (WEROC) EOC, if activated. OA Level Orange County OA The Orange County OA encompasses the county and all political subdivisions, including special districts located within the county. The Orange County EOC serves as the communication and coordination center for both the county and OA. Regional Level In SEMS, the regional level manages and coordinates information and resources among OAs within the mutual aid region and between the OAs and the State level. The regional level also coordinates overall State agency support for emergency response activities within the region. State Level The State level of SEMS tasks and coordinates State resources in response to the requests from the Regional Emergency Operations Centers (REOCs) and coordinates mutual aid among the mutual aid regions and between the regional level and State level. The State level also serves as the coordination and communication link between the State and the Federal disaster response system. City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Concept of Operations Last Updated: December 2021 13 3.3.2 Standardized Emergency Management System Features Key elements of this ERP that support Water Operations Division implementation of SEMS include: · Incident Command System (ICS). The Water Operations Division field operations and Emergency Operations Center (EOC) support will be managed using the ICS. See Section 4.2 Incident Command System. · Management by Objectives and Action Planning. The Water Operations Division will use measurable and attainable objectives for each operational period to guide response and recovery operations. These objectives and supporting strategies will be documented in an IAP that also includes information to support ongoing situational awareness. See Section 6.1 Monitoring, Detection, and Assessment. · Multi-Agency Coordination. The Water Operations Division will proactively coordinate with internal and external partners, coordinate emergency response activities, and allocate resources. This includes coordination with the City EOC and Water Emergency Response Organization of Orange County (WEROC) and strategies to integrate communication and information sharing. See Section 6.6 Resource Management. · Mutual Aid. The Water Operations Division will utilize its own resources in the first instance, and then pursue resource support through mutual aid. Resource requests may be escalated to the City EOC or to WEROC who can facilitate mutual aid through California Water/Wastewater Agency Response Network (CalWARN). See Section 6.6.3 Mutual Aid. · Operational Area (OA). The Water Operations Division is an active participant in the Orange County OA across all phases of emergency management including operational coordination between the utility the City EOC and the OA EOC. It is critical to note that local government entities must use SEMS in order to be eligible for any reimbursement of response-related costs under the State’s disaster assistance programs. City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Command and Coordination 4 Command and Coordination Section 4 – Command and Coordination provides an overview of how the Water Operations Division integrates with City EOC Operations and uses the ICS to manage response operations. 4.1 City Emergency Operations Center The Mayor, Mayor Pro Tem, City Council members, City Manager, Assistant City Manager, Chief of Police, Police Commander, OCFA Division Chief, or the OCFA Battalion Chief can activate the City of Seal Beach EOC. The purpose of the EOC is to provide centralized control and coordination for emergency response personnel in the field. The Public Works Director will report to the EOC on the Water Operations Division’s behalf with the Public Works Department operating under the Operations Section of the EOC. In order to coordinate and direct emergency response personnel and to quickly collect assessment data, communications will be maintained with field forces through the EOC. The City may also coordinate emergency activities through WebEOC. When the decision is made to activate the EOC, the City of Seal Beach Director of Emergency Services will initiate notifications and callouts. EOC staff will take action to notify and mobilize the appropriate organizations. See Figure 4.1 City Organization Chart for the City Divisions and Departments that may be represented in the EOC. City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Command and Coordination Last Updated: December 2021 15 Figure 4-1. City Organization Chart City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Command and Coordination Last Updated: December 2021 16 4.2 Incident Command System The City of Seal Beach has adopted National Incident Management System (NIMS)/SEMS, which employs the use of ICS for emergency response at all levels of the organization. ICS provides effective emergency management, appropriate span of control, and activates specific positions of the various sections based on functions, relationships, and lead responsibilities of the City's departments and agencies. The ICS is a standardized, on-scene emergency management construct specifically designed to provide a framework for an integrated organizational structure that meets the complexity and demands of single or multiple incidents without being hindered by jurisdictional boundaries. ICS is based on common terminology, functionality, and organizational structures that all responders and response agencies use to avoid the inevitable confusion that results when agency-specific terminology, functionality, and organization conflict occurs under the stressful conditions encountered while managing an emergency. It is used for all kinds of emergencies and is applicable to small as well as large and complex incidents. The ICS structure is broken down into five sections, including Command/Management, Operations, Planning, Logistics, and Finance. The Water Operations Division has a Water Supervisor, one Senior Water Operator, up to four Water Operators, and a Water Maintenance Worker. The Water Operator role is repeated throughout the ICS positions, though different Water Operators may be responsible for filling those roles. Figure 4-2. Water Operations Division Incident Command Structure 4.2.1 Command/Management Primary: Deputy Director of Utilities & Maintenance Alternate: Water Supervisor Command/Management responsibilities include: · Establish/implement Water Operations Division policy and overall strategic oversight, coordination, and support of jurisdictional activities. · Monitor overall Water Operations Division emergency response, delegate responsibility, respond to public and media questions, and communicate directly to the Public Works Director and City EOC. City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Command and Coordination Last Updated: December 2021 17 · Assist the Planning Section position in collecting, processing, and documenting information. · Identify hazardous situations associated with the incident and ensure adequate levels of protective equipment are available and being used. · Support resource requests to the City EOC and WEROC. 4.2.2 Operations Primary: Water Supervisor Alternate: Senior Water Operator · Direct the tactical response of the Water Operations Division operations and activities. · Coordinate with other Public Works and City response teams. · Coordinate damage assessment for water systems. · Conduct emergency repairs to the water system. · Assess power-outages and procure backup power generators (portable) for critical services without power, etc. · Clean up any hazardous spills, follow reporting requirements, etc. · Contract and facilitating cleanup crews for debris removal and ensure proper disposal, etc. 4.2.3 Planning Primary: Senior Water Operator Alternate: Water Operator · Collect, process, and document information for use in incident planning. · Relay information directly to Operations, Logistics, and Finance Sections. · Provide engineering support to aid Operations activities including damage assessment. 4.2.4 Logistics Primary: Public Works Director Alternate: Water Supervisor · Monitor and track Water Operations Division resources. · Make arrangements for necessary equipment and special maintenance needs as necessary. City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Command and Coordination Last Updated: December 2021 18 · Arrange support with outside agencies, contractors, and vendors. · Coordinate Water Operations Division logistics needs through preparing resource requests for submittal to the City EOC. 4.3 Incident Action Planning NIMS identifies a standard planning cycle that should be used during incident management. Sound, timely planning provides the foundation for effective incident management. The NIMS planning process has been adapted by the Water Operations Division but also modified to more closely reflect their processes (Figure 4-3). It represents a template for strategic, operational, and tactical planning that includes all steps that an Incident Commander and other members of the Command and General Staff should take to develop and disseminate an IAP. The planning process may begin with the scheduling of a planned event, the identification of a credible threat, or the initial response to an actual or impending incident. The process continues with the implementation of the formalized steps and the staffing required to develop and implement an IAP. The planning process should provide the following: · Current information that accurately describes the incident situation and resource status. · Predictions of the probable course of events. · Alternative strategies to attain critical incident objectives. · An accurate, realistic IAP for the next operational period. The IAP serves as a record of the incident as well as a means of communicating vital information including a summary of the incident and current actions, work assignments, communications information, safety information, medical responder information, and resource availability. It contains general objectives for the overall incident strategy as well as specific action plans for a defined operational period. The IAP is designed to be a flexible document that can be adapted to best fit each situation. It may be composed of all ICS forms or only a few forms as deemed necessary. It can cover the period of an entire incident or may be completed for defined periods within the incident, such as days or weeks. City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Command and Coordination Last Updated: December 2021 19 Figure 4-3. Incident Action Plan (IAP) City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Emergency Response Organization Last Updated: December 2021 20 5 Emergency Response Organization Section 5 – Emergency Response Organization (ERO) establishes the hierarchy and roles that the Water Operations Division will use to implement the ERP. 5.1 Emergency Response Organization During most emergencies, Water Operations Division personnel will use its existing organization to coordinate delivery of emergency response and recovery operations. In the event of an emergency affecting the City of Seal Beach, the City Manager serves as the Director of Emergency Services. The Director of Emergency Services is responsible for activating the City EOC and coordinating all emergency operations including activities external to the City (i.e., county, administrative regions, and the State). The City’s emergency organization consists of representatives from all City departments. During an emergency that directly impacts the City’s water system or that requires enhanced coordination and communication, the Water Operations Division may choose to implement the ERO to facilitate effective internal and external action. The Water ERO consists of policy, coordination, and operations, as shown in Figure 5-1. City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Emergency Response Organization Last Updated: December 2021 21 Figure 5-1. Emergency Response Organization 5.2 Chain of Command The City chain of command establishes the line of authority and reporting relationships of the ERO. The City Manager, serving in the role as the Director of Emergency Services, has the ultimate responsibility for oversight of the EMO and for the direction and control of resources and personnel. Coordination of Water Operations Division response during an emergency is delegated to the Public Works Director. The established line of succession for the Public Works Director during a water-related emergency is as follows: · Deputy Director/City Engineer · Deputy Director of Utilities and Maintenance · Water Supervisor 5.4 Operational Coordination City of Seal Beach resources and response activities will be coordinated through the EOC, including prioritization and allocation of resources to support field response. If the EOC is City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Emergency Response Organization Last Updated: December 2021 22 activated, the Water Operations Division should report its status to the EOC and to WEROC. Some of the services that may be needed for enhanced operational coordination are detailed below. · Warning Service: Seal Beach Police Department o Emergency: 9-1-1 o Non-Emergency: 562-799-4100 · Warning Service: California Office of Emergency Services Warning Center o Working Hours: 916-845-8911 o 24/7 Number: 1-800-852-7550 · Public Information Service: City of Seal Beach City Manager · Law Enforcement Service: City of Seal Beach Police Department · Fire Services: Orange County Fire Authority · Human and Health Services: California Department of Health Services, County of Orange Health Care Agency · Finance/Purchasing: City of Seal Beach Finance Department · Mutual Aid: WEROC City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Core Response Procedures Last Updated: December 2021 23 6 Core Response Procedures Section 6 – Core Response Procedures provides essential procedures that will guide incident response. The following table lists the core emergency response procedures on which this Basic Plan is based. Table 6-1 Core Response Procedures ERP Section Procedure Title Response Actions Addressed 6.1 Detection and Assessment · Monitoring · Detection · Initial Assessment 6.2 Activation and Mobilization · Activation Level · Staff Mobilization 6.3 Operational Communications · Communications Systems 6.4 Alert and Warning · Notifications · Hazardous Materials Spill Reporting 6.5 Information Management · Public Information · Cybersecurity 6.6 Resource Management · Emergency Purchasing · Resource Support · Mutual Aid · Resource Typing 6.7 Water Quality · Water Quality Emergency Public Notice · Water Quality Monitoring · Laboratory Services 6.8 Transition to Recovery · Deactivation of the ERP and EOC 6.1 Monitoring, Detection, and Assessment The Water Operations Division uses a variety of mechanisms to proactively detect potential threats or hazards that may impact the water system. These may include: · Direct observations using inspection checklists during staff rounds at critical assets and facilities · Monitoring of changes in the water system that may be indicative of an accident or intentional act via: City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Core Response Procedures Last Updated: December 2021 24 o SCADA o Routine water quality sampling and analysis · Monitoring of National Weather Service (NWS) warnings, watches, forecasts, and other hazard information. · Receipt of direct intelligence through a threat received by Water Operations Division personnel, dispatch, or a call from a customer or member of the public. · Coordination with the City Police Department and other law enforcement agencies regarding changes in threat level or intelligence received about the City water system that may be related to a target of a terrorist attack. In the event of a situation that poses an immediate threat to life and safety, the recipient of that information will contact 9-1-1 and provide as much detail as possible to facilitate dispatch of appropriate emergency services. 6.1.1 Initial Assessment Upon receipt of information or intelligence of a credible, imminent, or actual threat to the City water system, the recipient will conduct an initial assessment of the situation that should include answering the following: · What happened? · How, where, when did it occur? · Are there any injuries or fatalities? · Is there facility or property damage? · Is there a public health or environmental risk? · Is there a need for police or fire crews? Additionally, Water Operations Division personnel shall take the appropriate actions dependent on the time the information is received. Work Hours. The Water Operations Division may receive notice of incidents through customer reports to Police dispatch. Any member of the Water Operations Division made aware of a threat or of an incident shall contact the Water Supervisor immediately. The Water Supervisor or designee shall assess the threat/incident and its potential effects to the health, safety, and environment. The Water Supervisor will assess and respond to the incident if determined it is able to be handled by Water Operations Division resources. The Public Works Director will be notified if the incident may escalate or if additional resources may be needed. Water Operations Division personnel in the field may be requested to assist with inspecting facilities during the initial assessment. When conducting assessments, personnel shall be aware of any signs of apparent damage or tampering and shall report all findings to the Water Supervisor. City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Core Response Procedures Last Updated: December 2021 25 After Hours. After hours, there is a Maintenance Technician and Water Operator on standby, and all supervisors are always on-call. If there is an incident, police dispatch will alert the Standby Operator, or the SCADA system may also call the Standby Operator directly if there is an alert in the water system. The Standby Operator shall assess the threat/incident and its potential effects to the health, safety, and environment and determine appropriate actions including immediate protective steps. If additional assessment or resources are needed, the Water Supervisor shall be notified. If the Water Supervisor is unavailable or cannot be reached, the Standby Operator will contact the Deputy Director of Utilities and Maintenance. If additional support is needed, the Water Supervisor or designee may call in additional personnel using the rotating notification list, or the Emergency Contacts List maintained by the Public Works Director. 6.2 Activation and Mobilization Based on initial assessment and classification of the emergency, the Water Supervisor will activate elements of the EMO at a level that is best suited to the situation. The level of the incident and the decision to activate the EOC will be based on the extent of damage, the number of people affected, and/or the type of emergency. 6.2.1 Emergency Activation Levels The Water Operations Division uses the following incident classifications to support decision making during an emergency. These classifications are aligned with the emergency activation levels established in the City EOP. The level of activation of the Water Operations Division EMO will be ultimately established by the Public Works Director or designee. Table 6-2. Activation Levels Level Type City Definition Water Operations Division Definition Examples 1 Major Emergency City resources are overwhelmed and extensive county, State, and/or Federal resources are required. City EOC Activated? Yes ‒ Full Implement ERP? Yes Contact WEROC? Yes Loss of water supply, water contamination outbreak, untreated sewage in the street, total loss of power, etc. Local Proclamation of Emergency? Yes 2 Moderate Emergency City resources are not adequate and mutual aid is required. Incident requires enhanced coordination City EOC Activated? Maybe ‒ Partial Implement ERP? Yes Contact WEROC? Yes Unsafe water supply, collapse of reservoirs, etc. Local Proclamation of Emergency? City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Core Response Procedures Last Updated: December 2021 26 Level Type City Definition Water Operations Division Definition Examples between City departments. Maybe 3 Minor Emergency Emergency can be managed by first responders and within available City resources. City EOC Activated? No Implement ERP? As needed Contact WEROC? No Individual main break or equipment failure Local Proclamation of Emergency? No 6.2.2 Mobilization of Personnel As public employees, Water Operations Division personnel are, by law, DSW. If the City declares an emergency during normal working hours, staff will be expected to remain at work to respond to the emergency needs of the utility. If the City declares an emergency outside of normal work hours, employees may be called back to work. The Standby Operator will be on call to immediately assess and respond to an incident. Additional Water Operations Division personnel may be called by the Standby Operator to help respond to the incident. 6.3 Operational Communications The Water Operations Division will use the following communication methods based on availability: · City Telephone Network. This is the primary means of collecting and disseminating information from the Water Operations Division staff to the EOC. · Personal Cellular Phone. If land-line telephones are not available, a backup means of communication will be cellular telephones. Cellular phones will not be used in an event involving detonators or explosive devices. · Radio Communication. If cellular services are disrupted, the Water Operations Division will use two-way radios operating on the 800 MHz Countywide Coordinated Communications System (CCCS). The radio network is the Orange County (OC) radio network and with local bands managed by the OC Communications/Sheriff Departments. Emergency Radio System “WEROC” Radio for communication with local water agencies is kept at the Corporate Yard. · Voice Over Internet Protocol (VOIP). The EOC operates on a VOIP. Ten lines are available to aid in communication. City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Core Response Procedures Last Updated: December 2021 27 · WebEOC. WebEOC is a web-based information management system that provides users a single access point for the collection and dissemination of emergency-related information such as significant events during large-scale emergencies. · Runners. In the event that all electronic communications fail, the Water Operations Division will use runners to communicate with either the EOC or field crews. If activated, the EOC will be the central point for the Water Operations Division’s emergency response efforts. Communication systems will be established, operated, and maintained between the EOC and Water Operations Division staff. 6.4 Alert and Warning 6.4.1 Alerts and Notifications In the event of a situation that poses an immediate threat to life and safety, the recipient of that information will contact 9-1-1 and provide as much detail as possible to facilitate dispatch of appropriate emergency services. The City Police Department has the primary responsibility for alerting and warning the public of imminent danger for City residents. If the impacts to the City’s water system from an emergency pose a threat to life and safety or public health, the Water Operations Division will use all means at its disposal to ensure that its customers and the public are alerted to the situation and provided with appropriate information on protective actions to be taken. These mechanisms may include: · Reverse 9-1-1 through Alert OC · Door-to Door Notifications · Website/Social Media Updates · NIXLE 6.4.2 Hazardous Materials Spill Reporting The Emergency Planning and Community Right-to-Know Act (EPCRA) requires that the Water Operations Division immediately notify the Orange County Environmental Health Division as a Certified Unified Program Agency (CUPA) of any hazardous materials incidents that involve the spill or release of a reportable quantity of an Extremely Hazardous Substance (EHS) listed under EPCRA Section 302 or hazardous substance listed under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Refer to the appropriate Hazardous Materials Business Plans for proper response. Absent of a plan, the following information should be provided: · Chemical name or identity of any substance involved in the release. · Indication of whether the substance is an EHS. · Estimate of the quantity of any substance that was released into the environment. · Medium or media into which the release occurred. City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Core Response Procedures Last Updated: December 2021 28 · Any known or anticipated acute or chronic health risks associated with the incident. · Proper precautions to take, including evacuation. For spills or releases that may affect the City of Seal Beach water system, AWIA amended EPCRA to require that the California SWRCB DDW, as the State’s primary drinking water agency, promptly provide all the information regarding the release to the Water Operations Division including information collected from the initial release notification and the follow-up written report. 6.4.3 Warning Warning information is vital and must be made available to ensure that emergency responders and the public take appropriate protective actions to avoid death, injury, and/or damage to property. Information disseminated must be timely and accurate. The City of Seal Beach Police Department is the primary department responsible for the development of adequate alert and warning procedures for the City. All warnings are coordinated, as appropriate, through the City EOC. Warning information is received at the City Police Department via the California Law Enforcement Telecommunication System (CLETS) and Public Safety Radio Systems. The public receives warning by sirens mounted on police and fire vehicles. Additional instructions are broadcast over emergency speaker systems. Warning will also be transmitted from county and City communications to special facilities. 6.4.4 AlertOC AlertOC is the countywide public mass notification system. It is available 24 hours a day to help disseminate early warning and time-sensitive information to residents, businesses, and City employees during an emergency. AlertOC is limited to: · Imminent or perceived threats to life or property · Disaster notifications · Evacuation notices · Public health emergencies · Public safety emergencies · Any notification providing emergency information to the public 6.5 Information Management 6.5.1 Public Information During normal operations, news releases directly to the public will be handled by the Assistant City Manager who will serve as the Public Information Officer (PIO). During an emergency, message for the public will go through the Police Department. City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Core Response Procedures Last Updated: December 2021 29 Provision of timely and accurate information to the public during an emergency that impacts water quality and public health is a key responsibility of the Water Operations Division in situations that require communication of: · Precautions during a water outage or low-pressure problem · Boil Water Notice (BWN) · Unsafe Water Alert (UWA) – Do Not Drink (DND) Notice · UWA – Do Not Use (DNU) Notice The Public Works Director shall coordinate with the Assistant City Manager and will serve as the Water Operations Division lead supporting the deployment of emergency public information that involves developing, coordinating, and disseminating information to the public, coordinating officials and responders, and incident management. 6.5.2 Public Information Officer To ensure that appropriate information is distributed to affected communities, the Water Operations Division will coordinate with the City PIO, if activated, who has been designated to lead public information efforts that may include: · Develop and approve all news releases. · Interact with the media for all interviews. · Manage the City social media sites and websites. 6.6 Resource Management In the initial stages of a response, the Water Operations Division will use its own resources to respond to emergency situations, purchasing supplies and equipment if necessary, and request assistance if department resources are insufficient or inappropriate. The Deputy Director will handle division procurement. If additional resources are required, the Water Operations Division will: · Activate emergency service resources through existing contracts. · Request assistance available from other MWDOC member agencies through WEROC including access to resources through CalWARN. · Request assistance through the City EOC, if activated. All resource requests to the EOC will be directed to the Operations Section. Information provided should include: o What is needed and why? o How much is needed – quantity? o Who needs it and relevant contact information? o Where it is needed – specific location (s) and recommended routes? City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Core Response Procedures Last Updated: December 2021 30 o When is it needed? o For what duration of need, if known? o Any special resource support requirements such as setup, operators, fuel, housing, feeding, maintenance, etc.? · Track all emergency expenses using the program charge provided by the Finance Department. · Track all staff time dedicated to the emergency using the appropriate task in the payroll system and document time, as appropriate, using the ICS 214 form. 6.6.1 Emergency Power Portable generators are available at sewer stations. Backup generators are located at Lampson Well and Navy Booster Station. In lieu of generators, Bolsa Chica Well and Beverly Manor operate on natural gas. 6.6.2 Emergency Purchasing Typically, the purchase, rental, or lease of goods or services by the Water Operations Division will be conducted in accordance with the City’s normal purchasing practices. During an emergency, City Council has the power to approve purchases and enter into contracts without calling for bids when an emergency requires such action. 6.6.3 Mutual Aid The Water Operations Division will commit its resources to a reasonable degree before requesting mutual aid assistance. The Public Works Director may request mutual aid support (including the CalWARN) through WEROC. WEROC is a countywide network for requesting water-related mutual aid, communication, and recovery needs. WEROC will work with unaffected member agencies to obtain needed resources. If WEROC is unable to obtain the resource from an unaffected member agency, WEROC will contact the OA for support. Additionally, the City has working agreements with the City of Huntington Beach if help is needed. City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Core Response Procedures Last Updated: December 2021 31 Table 6-3. Mutual Aid Administration Authority Release of Liability Reimbursement of Expenses Notes Title: Master Mutual Aid Agreement Type: Mutual Aid Agreement Membership: State of California; all counties, cities, and public agencies in California For planning, State of California OES; Mutual Aid Regional Advisory Committee (MARAC) at regional level. In emergency, REOC has major authority; could go to the SEOC. Agreement has been codified by inclusion in California. Emergency Services Act, further codified by the Petris Bill (1993). Once a disaster has been declared, participation is mandatory, subject to not overly depleting specific agency resources. Not expressly identified but covered by the State’s DSW Policy. No, unless otherwise expressly provided by agencies. Cost may be recoverable from State or Federal Government if disaster funds are approved. Reimbursement of response-related costs requires SEMS compliance. First 12 hours are free. Follows SEMS Resource Request Structure. Requires disaster declaration. Must be submitted and documented through the OA. Title: CalWARN Type: Mutual Aid/Assistance Membership: California water and wastewater agencies that have signed agreement State Steering Committee, State Chair, and associated organizations Signed Agreement: During a localized incident, agencies respond and coordinate directly. During larger incidents, agencies are asked to coordinate through the regional chairs. Yes Yes Any participating agency can request assistance directly from any other participating water agency. Agreement provides for arbitration of disputes. Does not require disaster declaration. Title: Member Agency Response System (MARS) Type: Mutual Aid/Assistance Membership: MWD member agencies MWD Signed Agreement: Declared disaster information. Yes Not specifically provided in agreement but assumed. Offers communications on a dedicated radio system. City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Core Response Procedures Last Updated: December 2021 32 Administration Authority Release of Liability Reimbursement of Expenses Notes Title: WEROC Type: Mutual Aid/Assistance /Coordinating Entity Membership: Member agencies of WEROC that have signed agreement. MWDOC Signed Agreement: During a localized incident, agencies respond and coordinate directly. During larger incidents, agencies are asked to coordinate through the regional chairs. Yes Not specifically provided in agreement Offers communications on a dedicated radio system. Does not require disaster declaration. Title: OC OA Agreement Type: Coordinating Entity Membership: All political subdivisions within the geographic boundaries of the county that have signed the agreement OC OA Executive Board, Council, and Sub-Committees, and Orange County Emergency Management Organization (OCEMO) Signed Agreement: During declared disaster of local area, each agency retains authority. Requires the county to operate the OA EOC. Yes Not applicable Organizes all public emergency response agencies in providing a coordinated response to disasters. Communication link to State. Title: Public Works Mutual Aid Agreement (PWMAA) Type: Mutual Aid Agreement Membership: All who have signed agreement Los Angeles Department of Public Works (LADPW) During a localized incident, agencies respond and coordinate directly. During larger incidents, agencies are asked to coordinate through the SEMS structure at the OA and REOC. Requesting party indemnifies the assisting party. Requesting party pays all direct, indirect, administrative, and contracted costs the assisting party incurred as a result of providing assistance within 60 days of receiving a detailed invoice. City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Core Response Procedures Last Updated: December 2021 33 Administration Authority Release of Liability Reimbursement of Expenses Notes Title: Emergency Management Mutual Aid Agreement (EMMA) Type: Mutual Aid Agreement Membership: All government agencies in California Cal OES and coordinated by the OA EOC Authority via forms signed during response Yes First 12 hours free. Reimbursement if Federal or State funds are received. Title: Emergency Management Assistance Compact (EMAC) Type: Mutual Aid Agreement Membership: All government agencies in the United States Cal OES and Governor’s Office Governor-to-Governor approval, local agency request to State, State facilitates Yes All eligible cost Water and Wastewater Agency Response Network (WARN) to State. WARN Resources outside of California (not CalWARN) are coordinated through EMAC. City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Core Response Procedures Last Updated: December 2021 34 6.6.4 Resource Typing WEROC considers the development of a comprehensive resource management system a priority. As part of the system, WEROC and the Water Operations Division are committed to furthering NIMS implementation into their emergency response preparation through the adoption of FEMA’s Resource Typing. The Water Operations Division can expedite resource requests and the deployment of resources during emergencies by categorizing equipment, teams, units, and personnel using the American Water Works Association (AWWA) and FEMA Water Sector Resource Typing Guidance. Implementing Resource Typing by means of the Water Sector Resource Typing Guidance helps fulfill objectives of both AWIA and NIMS. Resource Typing can be used as part of mutual aid coordination. WEROC will work with unaffected member agencies to obtain needed resources for affected member agencies. Currently, WEROC manages a Member Agency Resource Inventory List for mutual aid coordination. Mutual aid should only be requested once the agency’s own resources are reasonably depleted and private company (purchase, lease, or rent) resources have been exhausted. 6.7 Water Quality 6.7.1 Water Quality Monitoring The Water Supervisor is responsible for coordination of water quality activities before, during, and after an emergency including water quality monitoring, sampling, and analysis, reporting to regulatory agencies, and providing information to aid in meeting public notice requirements in the event of a waterborne emergency. The primary regulatory agency for water quality in the California is the SWRCB. Under California law, public water systems shall report treated water quality monitoring results monthly and source water monitoring results on a quarterly basis. · The Orange County Water District (OCWD) performs quarterly compliance testing at City well sites and reports the results to both the Water Operations Division and the SWRCB DDW. · The Water Operations Division also receives weekly and monthly reports that certifies the water quality of purchased water from MWD. In the event an incident requires sampling resources beyond agency capabilities, the Water Operations Division can request support through WEROC for sampling kits that cover a wide range of contaminants. 6.7.2 Laboratory Services The City uses Truesdail Laboratories to conduct required, weekly sampling at well sites to support ongoing water quality monitoring. The laboratory provides courier services and will send a Truesdail employee to pick up samples. The laboratory handles all bacteriological sampling outside of the services provided by OCWD to comply with Title 22. The laboratory City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Core Response Procedures Last Updated: December 2021 35 takes the required, routine weekly samples and is available to take samples at any time of day. Field crews can deliver samples to the laboratory as needed. Additional laboratory services support can be accessed through a network of laboratories accredited by the California SWRCB. 6.7.3 Water Quality Emergency Notification Plan Under California law, the Water Operations Division is required to notify the public in the event of “occurrence of a waterborne microbial disease outbreak or other waterborne emergency, a failure or significant interruption in water treatment processes, a natural disaster that disrupts the water supply or distribution system, or a chemical spill or unexpected loading of possible pathogens into the source water that has the potential for adverse effects on human health as a result of short-term exposure.” To aid in effective public notification, the Water Operations Division maintains a Water Quality Emergency Notification Plan (WQENP). Per the WQENP, the following Water Operations Division staff have been designated to implement the public notifications during a water quality emergency: · Water Services Supervisor · Deputy Director of Public Works · Senior Water Operator See Appendix C: Water Quality Emergency Resources. 6.8 Transition to Recovery When the emergency/disaster has diminished to the point where normal day-to-day resources of Water Operations Division can cope with the situation, the Director of Emergency Services terminates the “state of emergency,” thereby deactivating the ERP and the EOC. City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Roles and Responsibilities Last Updated: December 2021 36 7 Roles and Responsibilities Section 7 – Roles and Responsibilities provides specific responsibilities for internal and external partners 7.1 Internal Roles and Responsibilities During emergency operations, the Water Supervisor or designee will identify individuals that should be called in. Each of these individuals has specific responsibilities that will be fulfilled depending on the nature of the emergency and the identified responsibilities listed below. 7.1.1 Water Operations Division Figure 7-1. Water Operations Division Organizational Chart 7.1.1.1 Water Supervisor The Water Supervisor has overall responsibility for Water Operations Division response and recovery operations. Responsibilities · Direct tasked individuals to ensure response personnel report to the appropriate locations. · Maintain a liaison with the EOC, when notified. City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Roles and Responsibilities Last Updated: December 2021 37 · Direct implementation of staff-protective actions (e.g., physical protection equipment), as appropriate. · Assess damage and implement plan of action needed to maintain potable water system, provide temporary potable water in an emergency, and maintain water pressure. · Identify resource needs. · Prepare summaries and briefings on status of damage and submit necessary reports when required (e.g., situation, critical resource status). · Maintain records of all activities and prepare reports that address significant events, financial transactions, and expenditures during response operations. · Terminate response operations and release personnel. 7.1.1.2 Water Operators Responsibilities · Assess and repair damage to distribution system including pipes, hydrants, and service lines. · Operate gate valves to adjust the system based on incident requirements including maintaining minimum pressure requirements for fire suppression. · Monitor and regulate the water production system using manual controls and/or the SCADA system. · Assess and repair damage to the water production system including wells, tanks, and pump stations. · Support electrical, mechanical, and chlorine maintenance needs. · Support provision of potable water supplies to areas where service is disrupted. · Support required reporting to the SWRCB on compliance with water quality standards. · Conduct sampling in the distribution system and at well facilities, reservoirs, and interconnections. · Monitor backflow and cross-connection prevention activities. · Provide technical support to field crews to ensure sampling is done correctly. · Coordinate sending samples to contracted laboratories and provide guidance on protective actions based on results. City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Roles and Responsibilities Last Updated: December 2021 38 7.1.2 Other City Divisions and Departments Other City departments may be called on to support the Water Operations Division before, during, and after an emergency. Below are common responsibilities of specific divisions and departments outside the Water Operations Division. 7.1.2.1 Public Works Department – Administration and Engineering Responsibilities · Provide geographic information system (GIS) support to aid in situational awareness during an emergency. · Provide technical assistance and modeling support to inform decision making during a water quality emergency. · Provide engineering and design support for repair and restoration of the water system. · Maintain as-builts of specific assets on tablets. · Prepare summaries and briefings on the status of emergency response. · Collect data and prepare and submit necessary reports when required (e.g., situation, critical resource status). · Maintain records of all activities and prepare reports that address financial transactions and expenditures during response operations. · Coordination with OCWD and California SWRCB. 7.2 External Roles and Responsibilities 7.2.1 Water Emergency Response Organization of Orange County The WEROC is organized on the basis that each member agency (including the City Seal Beach Water Operations Division) is responsible for developing its own ERP in accordance with SEMS, NIMS, and AWIA to meet specific emergency needs within its service area. In turn, WEROC will coordinate the exchange of resources for member agencies, and if necessary, for MWD, the Orange County OA, and other appropriate outside agencies. 7.2.2 Information Technology Contractor Responsibilities · Provide ongoing information technology (IT) support for critical Water Operations Division enterprise communications and business operations systems including the water service billing system. · Support provision of IT equipment to facilitate incident needs including remote work or mobile network extensions. City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Roles and Responsibilities Last Updated: December 2021 39 · Lead IT-related response activities in the event of a cyber intrusion or system failure. · Coordinate with external agencies including law enforcement during a criminal cyber incident. 7.2.3 SCADA Contractor Responsibilities · Provide support during a cyber incident that impacts the SCADA system. City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Plan Implementation Last Updated: December 2021 40 8 Plan Implementation Section 8 – Plan Implementation establishes procedures for the regular update and exercise of this plan and related training to ensure this ERP remains a living document. 8.1 Plan Maintenance This ERP is a living document. The Public Works Director is responsible for coordinating the development, reviews, and update of this ERP. At a minimum, the ERP will be reviewed annually, or when major changes are implemented, to ensure its overall effectiveness. 8.2 Revisions A controlled distribution list will be maintained identifying individuals or locations that have controlled copies of the ERP. Revisions will be distributed to all parties that hold controlled copies of the plan. Revised pages will be dated to show where changes have been made. A record of revisions will be maintained to show revision history over time of the ERP. 8.3 Training and Exercises In addition to the trainings mandated by the City EOP, the Water Operations Division maintains a Training Matrix (Appendix D). The ERP will be exercised periodically via orientation scenarios, discussion, and operations-based exercises. These exercises may involve all or part of the plan as deemed necessary by the Deputy Director of Utilities & Maintenance. Results of the exercise will be evaluated with necessary changes incorporated, as appropriate, to maintain the accuracy of the ERP. 8.4 Hazard Mitigation The Water Operations Division is committed to active participation in both utility-level, jurisdictional, and regional hazard mitigation planning efforts to identify and advance strategies and resources to improve the resilience of the water system including physical and cybersecurity. This participation will include: · Update of the Water System RRA at least every 5 years in compliance with AWIA and U.S. Environmental Protection Agency (EPA) requirements. · Engagement with the City’s hazard mitigation planning program including participation in regular updates of the City of Seal Beach Local Hazard Mitigation Plan. · Engagement with WEROC and regional partners to support efforts including future updates of the Orange County Regional Water and Wastewater Multi-Jurisdictional Hazard Mitigation Plan. A list of mitigation strategies is identified in the City of Seal Beach 2021 Water System RRA and is provided in Appendix E: Hazard Mitigation of this ERP. City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Plan Implementation Last Updated: December 2021 41 8.5 Local Emergency Response Coordination To the extent possible, the Water Operations Division will coordinate with local response partners to foster integration of water system response and recovery planning with community hazardous materials response planning efforts. This coordination will be conducted in a manner consistent with the California EPA’s CUPA program which is designed to ensure consistency regarding hazardous waste and hazardous materials handling in California. Under this program, the Water Operations Division will coordinate response planning with the Orange County Environmental Health Division as CUPA to: · Establish pre-incident relationships to support effective response and recovery operations. · Facilitate access to hazardous chemical inventories maintained by the CUPA, including Tier II reports and Hazardous Materials Business Plans (HMBPs). City of Seal Beach Water Operations Division Basic Plan Emergency Response Plan Appendices and Incident Annexes Last Updated: December 2021 42 Appendices Appendix A: References Appendix B: Forms and Checklists Appendix C: Water Quality Emergency Resources Appendix D: Training and Exercises Appendix E: Hazard Mitigation Incident Annexes IA 1: Cyber Incident IA 2: Earthquake May-22 State Water Resources Control Board – Division of Drinking Water WATER QUALITY EMERGENCY NOTIFICATION PLAN NOT FOR PUBLIC DISTRIBUTION Name of Utility: City of Seal Beach System Number: 3010041 Physical Location/Address: 211 8th Street, Seal Beach, CA 90740 The following persons have been designated to implement the plan upon notification by the Division of Drinking Water, SWRCB, that an imminent danger to the health of the water users exists: Water Utility: Contact Name & Title Email Address Telephone Day Evening Cell 1. Darrick Escobedo – Water Services Supervisor descobedo@sealbe achca.gov (562) 370- 3867 (562) 493-8660 (562) 217- 9696 2. Iris Lee – Public Works Director ilee@sealbeachca.g ov (562) 431- 2527 (562) 370-3661 (562) 370- 3661 3. Mario Aguilar – Senior Water Operator maguilar@sealbeac hca.gov (562) 493- 8660 (562) 236-7012 (562) 236- 7012 4. Sean Low – Deputy Public Works Director – Maint. & Utilities slow@sealbeachca .gov (562) 370- 3928 (714) 716-6836 (714) 716- 6836 Implementation of the plan will be carried out with the assistance of the following DDW-SWRCB personnel, along with County Health Department representatives: DDW-SWRCB: Contact Name & Title Email Address Telephone Day Evening 1 Oliver Pacifico, District Engr. Oliver.pacifico@waterboards.ca.gov (714) 558-4997 (714) 492-6497 2 Yen Tran, Assoc. Sanitary Engr. Yen.tran@waterboards.ca.gov (714) 558-4707 (714) 718-2041 3 Anthony Nhan, Assoc. Sanitary Engr. Anthony.nhan@waterboards.ca.gov (714) 567-7261 (714) 981-7222 4 Hung Bui, Assoc. Sanitary Engr. Hung.bui@waterboards.ca.gov (714) 558-6720 (714) 262-6943 5 Minliang Shih, Assoc. Sanitary Engr. Minliang.shih@waterboards.ca.gov (714) 547-0430 (714) 496-1681 6 James Jablonski, Assoc. Sanitary Engr. James.jablonski@waterboards.ca.gov (714) 558-1540 (949) 351-0634 Orange County Environmental Health: Phone Number (714) 433-6000 and Fax Number (714) 433-6481 Office of Emergency Services Warning Center (24 hrs) (800) 852-7550 or (916) 845-8911 When reporting a water quality emergency to the Warning Center, please ask for the State Water Resources Control Board – Division of Drinking Water Duty Officer. NOTIFICATION PLAN Attach a written description of the method or combination of methods to be used (radio, television, door-to-door, sound truck, etc.) to notify customers in an emergency. For each section of your plan give an estimate of the time required, necessary personnel, estimated coverage, etc. Consideration must be given to special organizations (such as schools), non-English speaking groups, and outlying water users. Ensure that the notification procedures you describe are practical and that you will be able to actually implement them in the event of an emergency. Examples of notification plans are enclosed for large, medium and small communities. Report prepared by: ______________________________________ __________________________ Signature and Title Date PLAN I (Medium Community) During regular working hours our people will contact the news media at television station KXYZ to broadcast the necessary warning. The local radio stations will also be contacted. The television and radio personnel are available at all hours. As a follow-up measure, we will also contact the Daily Bee, a local newspaper that serves both Ourtown and Hometown. The warnings will be issued in both English and Spanish to cover all members of the community. Outlying areas of the water service area (such as Isolated Canyon and Lonesome Mountain subdivisions) will also be notified by sound truck and/or handbill distributed to their respective areas. Both of these areas are very small and this can be done quite quickly. A special telephone answering service can also be quickly set up at the utility headquarters (using the regular company numbers) to answer questions that will come in from consumers. Questions are anticipated, especially from the Hometown area, because that area is served by three different water companies. A map will be available to the telephone answering personnel to determine the water company serving the caller. It is anticipated that the time for notification to the television and radio audiences will be very short. The areas served by handbill and sound truck will also be notified within an hour. For notification to be issued in other than normal hours, the same media will be contacted and an announcement will be scheduled for as long as is necessary. A sound truck(s) will be used in the early morning hours to quickly alert the people not listening to their radio or television. PLAN II (Small Community) Our community is very small and the most efficient means of notification will be both sound truck and handbill. It is estimated that the entire service area can be covered in less than three hours. PLAN III (Large Community) The same plan as implemented in Plan I should be used here with the exceptions noted. All the news media will be contacted in the entire metropolitan area. This includes all television and radio stations and all local and general area newspapers. Maps have been prepared to be distributed to the media to locate the boundaries of the water company. This system is large enough that it may only be necessary to notify some of the water users. This information will be transmitted to the media and an answering service at the water company will respond to consumers’ calls. Unless the problems are limited to isolated areas it is unreasonable to assume that contact can be made through sound truck or handbill. City of Seal Beach Cross Connection Control Management Plan (CCCMP) DRAFT City of Seal Beach CCCMP – June 2025 Appendix L General Cross Connection Survey Form Yes No Residential Other: ____RP ____DC ____PVB/SVB _____None __________Air Gap _______HBVB ____________AVB ____________ ____RP/RPDA ____DC/DCDA ____PVB/SVB _____None __________Air Gap _______HBVB ____________AVB ____________ ____RP ____DC ____PVB/SVB _____None __________Air Gap _______HBVB ____________AVB ____________ ____RP ____DC ____PVB/SVB _____None __________Air Gap _______HBVB ____________AVB ____________ ____RP/RPDA ____DC/DCDA ____PVB/SVB _____None __________Air Gap _______HBVB ____________AVB ____________ ____RP ____DC ____PVB/SVB _____None __________Air Gap _______HBVB ____________AVB ____________ Subcategory of Business (if not City Facility) Veterinary Manufacturing Pet grooming Food Processing Medical/Dental Restaurant Office/Warehouse Aerospace Hotel/Motel Retail Other (explain below): PLOT PLAN: PLEASE DRAW A ROUGH SKETCH OF THE FACILITY SHOWCASING LOCATIONS OG BACKFLOWS, SERVICE LOCATION AND NEARBY STREETS N High Yes Low No No Hazard Cross-Connection Control Specialist Reviewer: Cross-Connection Control Program Specialist Certification No. Expiration Date:` Review Date: __________________ _____________________________________________ CROSS CONNECTION CONTROL SURVEY FORM FOR CERTIFIED SPECIALIST INPUT ONLY Domestic: Fire Irrigiation: COMMENTS: Single Check Single Check Standalone/Routine Single Check Single Check Single Check Special/Change _________ _________ _________ # of Existing Type of Non-Testable Protection REQUIRED # of Existing Type of Testable Protection REQUIRED # of Existing Type of Non-Testable Protection Single Check Domestic: Fire Irrigiation: General Type of Facility/Business Total # of Services Connections # of Existing Type of Testable Protection Commercial ___________________________ Reference Form: Service/Business Facility Name City-Owned Facility? Self Report Letter/Questionnaire Service/Business Address Staff Name Conducting Survey: Date of Survey: Certified Specialist or Designee?Certified Specialist Designee 1776 Adolfo Lopez Dr, Seal Beach, CA 90740 (562) 431-2527 Version 1.0, 5/20/2025 Meter Protection Appropriate for Degree of Hazard Internal Protection and Referral to OC HealthDegree of Hazard YES NO Cross Connection Control Program Municipal Code Text Amendment CITY OF SEAL BEACH September 22, 2025 First, what is a Cross Connection? (Definition per the State Water Resources Control Board) noun. KRAWSS kuh-NEK-shun •Any actual or potential connection or structural arrangement between a public water system, including a piping system connected to the public water system and located on the premises of a water user or available to the water user, and any source or distribution system containing liquid, gas, or other substances not from an approved water supply. Visual Representation Visual Representation Why is it important? •Cross connections within a Public Water System pose significant health concerns for consumers because they are a direct link to the consumption of a non-potable water source. (e.g. untreated sewage, liquid chemicals, raw water, etc.) Levels of Severity •High Hazard Cross Connection Examples •Sewage Handling Facilities •Medical Facilities (e.g. Urgent Care, Dialysis Centers, etc.) •Dentist Office •Car Wash •Mobile Home Parks •Park Irrigation •Gas Station •Low Hazard Cross Connection Examples •Single Family residential home •Office building •Retail shopping center SERVICES WE OFFER Lorem ipsum dolor Lorem ipsum dolor Lorem ipsum dolor cWhat can be done to combat/mitigate Cross Connections? Air Gap: Physical separation between the source of drinking water and receptacle Backflow Prevention Assemblies (BPAs): Mechanical devices that prevent water flow from going backwards, tested and evaluated periodically Current State Policy •On December 19, 2023, the CA State Water Resources Control Board adopted a Cross Connection Control Policy Handbook for Public Water Systems to abide by •Pursuant to Section 116407 and 116555.5 of the California Health and Safety Code Current Policy Intent •Establish regulatory and enforceable guidelines for municipalities •Foster foundational awareness to the significance of Cross Connection and Backflow within a Public Water System •Education and Correction First, Enforcement is Secondary Current State Policy (cont.) •*Each PWS must have operating rules, ordinances, by-laws, or a resolution to implement the cross-connection program. The PWS must have legal authority to implement corrective actions in the event a water user fails to comply in a timely manner with the PWS’s provisions regarding the installation, inspection, field testing, or maintenance of backflow prevention assemblies (BPAs). Such corrective actions must include the PWS’s ability to perform at least one of the following: •Deny or discontinue water service to a water user •Install, inspect, field test, and/or maintain a BPA at a water user’s premises, or •Otherwise address in a timely manner a failure to comply with the cross - connection control program. *[reference: Cross Connection Control Policy Handbook, Section 3.1.3 (a)(1)] Current SBMC Code Section 9.35.005 Definitions (Relevant): -Backflow -Water User Section 9.35.005 Cross Connection Program: -Provides general overview of program but does not address: -Various hazard conditions at a site -Adoption of City-wide Management Plan -Details of enforcement based on State policy Proposed SBMC Code Section 9.35.005 Definitions (Relevant): -Approved Water Supply -Backflow Prevention Assembly (BPA) -Cross Connection -Cross Connection Control Policy Handbook -Cross Connection Control Specialist Section 9.35.005 Cross Connection Program: -Adds details on BPA requirements based on site hazard conditions -Adds details on adoption of City-wide Management Plan -Adds details for City authority for enforcement and compliance with State Policy Other Notes Withstanding: •Ordinance Addition for Termination of Water Service Reason: •Non-compliance with the Cross Connection Control Management Plan •Existing Termination of Water Service Reasons: •Non-payment of utility bill •Long-term address vacancy •Emergency Repairs and Maintenance Proposed Code Change Benefits: •Provide continued safe water service and asset management in accordance with State law •Updates Municipal Code in accordance with state law Any Questions?